I work in an old office building that has no air con and the open windows offer very little in the way of relief. One of my colleagues told me that they are aware of a legal obligation, that our employer has to allow us to go home if it is too hot to work.

Is this true? What are my rights and can I make a request to my employer that I can go home if temperatures get too high?

Aug 2024


Heather Love

Q: It’s another day of 30-degree heat, it is too hot to work. Can I ask my employer if I can go home?

I work in an old office building that has no air con and the open windows offer very little in the way of relief. One of my colleagues told me that they are aware of a legal obligation, that our employer has to allow us to go home if it is too hot to work.

Is this true? What are my rights and can I make a request to my employer that I can go home if temperatures get too high?

A: The short answer is no, there is no legal obligation – however, employers may need to ensure they are following health and safety guidelines.

Temperatures at work are covered by health and safety law (HSE) and, generally, that legislation places a legal obligation on employers to provide conditions that allow for working in a “reasonable temperature”.

However, there is no maximum temperature for workplaces.

According to the HSE’s approved code of practice, the recommended minimum temperature in a workplace should normally be at least 16 degrees Celsius – and 13 degrees Celsius where the job involves rigorous physical effort.

The key word here is “recommended”.It’s a guideline simplA: The short answer is no, there is no legal obligation – however, employers may need to ensure they are following health and safety guidelines.y because conditions are so varied from workplace to workplace – an office building is very different to a physical job outdoors, for example.

Employers should  always ensure that they provide comfortable conditions – and that applies in the extreme hot and cold weather.  Providing fans and additional heaters are obvious temporary solutions and where viable offering employees the option to work from home may be sensible.

If you would like further information, or you would like to discuss any other aspect of employment law, speak to Down Solicitors to see how we can help.

 

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