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A number of clients have now approached me asking for advice on how to manage staff when it gets hot and uncomfortable. Can you offer any advice I can share with them?
A. UK law does not have a maximum working temperature over which employers must stop their staff from working, temperatures should be ‘reasonable’ and there is a general duty of care to keep employees safe whilst working.
However, under section 44 of the Employment Rights Act 1996, employees cannot be subject to a detriment or dismissal if they refuse to work or attend the workplace where they think conditions pose a serious and imminent danger to health, and if your client’s employees think that’s the case when its hot they will have to tread carefully when dealing with them.
Putting measures in place to ensure employee comfort and safety is therefore important. Below, we have put together some things to think about when the weather heats up.
Keep it cool
• Make sure air conditioning is working, and allow staff to use personal fans that are compliant with workplace safety rules
• Review the dress code and if possible, make changes so staff are more comfortable, but set clear rules on what is acceptable to avoid inappropriate clothing
• Make sure there is a supply of drinking water
Check on homeworkers
Homeworkers have the same rights as those working in the office, so discuss with staff how they will manage during the hot weather.
As houses are likely to be hotter than air-conditioned workplaces, offering homeworkers a space to work on site may well be welcomed.
Remember vulnerable workers
Those living with long term health conditions, disabilities and pregnant staff may be more affected by the heat. These employees can be helped by allowing them to take more breaks, moving to cooler areas or even work from home temporarily (or from the office), if possible and the employee is in agreement.
Prepare for transport disruption
Unfortunately, hot weather in the UK often leads to issues on public transport due to reduced or slower services, e.g. trains going slower to prevent tracks from buckling, or heat-related issues on the roads.
Employees should be encouraged to plan ahead and make allowances for delays, and if possible make alternative plans e.g take an alternative route, adjust start / finish times, or making sure to take their laptop home (where permitted) so they can work from home if necessary.
Look out for unauthorised time off
On particularly nice days, there may be issues with employees being unexpectedly absent from work. They might have had annual leave refused and decide to ‘take it’ anyway, or they may have had an offer they felt they couldn’t refuse, prompting them to pull a ‘sickie’.
If it’s suspected that an employee isn’t genuinely sick, it’s important not to jump to conclusions. A full investigation should be conducted into the absence and disciplinary action taken if evidence of a ‘sickie’ is found.
Takeaway
Putting in place the above can limit the possibility of issues arising during hot weather. It’s a good idea for your clients to communicate the actions they are taking to keep staff comfortable, not only to reassure them that their welfare is important to the business but also to highlight what’s available to those who may be struggling. A reminder to stay hydrated and stay in the shade if going outside during breaks is also helpful.
