As temperatures rise, questions emerge regarding employees' rights to refuse work and parents' options for keeping children home from school during heatwaves in the UK. There is no specific law dictating a maximum temperature for work, but employers are legally obligated to adhere to health and safety laws, which include maintaining a "comfortable" temperature and ensuring "clean and fresh air" within the workplace.
Guidance from the Health and Safety Executive (HSE) suggests that employers must ensure comfortable working conditions. The Workplace Advice group Acas states that, barring extreme circumstances, employees are generally expected to follow their contracts and collaborate with employers to find safe working arrangements. Acas chief executive Niall Mackenzie noted that closing a workplace or an employee being unable to work due to heat should only be a last resort in exceptional situations, requiring clear communication and exploration of all other options. Employers are encouraged to be flexible and relax rules when feasible.
Last month, the Climate Change Committee (CCC) proposed the introduction of a maximum temperature limit for UK workplaces to safeguard individuals as heatwaves become more intense due to climate change. In colder weather, the HSE stipulates that the minimum temperature for an indoor workplace should typically be at least 16 degrees Celsius (61 degrees Fahrenheit), or 13 degrees Celsius (55 degrees Fahrenheit) for work involving significant physical exertion.
Michelle Last, a partner at Keystone Law, indicated that an employee might have grounds to refuse work if the workplace poses a feeling of "serious or imminent danger" due to excessive heat, though such instances are likely to be rare. Furthermore, an employee whose disability is negatively impacted by heat may be able to request accommodations, such as access to a fan or the option to work from home. Employees with concerns are advised to discuss them with their line manager. Last added that, in the absence of extenuating circumstances, others are expected to continue working.
For parents, school attendance policies during extreme weather vary. While schools may close due to severe conditions that pose a safety risk, there is no universal right for children to be kept home solely because of high temperatures. Decisions regarding school closures typically rest with local authorities or individual school trusts, taking into account factors such as site safety, available facilities, and staff availability.