1 Jul 2023
The climate can play havoc with the workplace and the wrong temperature can affect productivity. But with extreme weather apparently becoming more common, employers need to understand the impact that different conditions can have on their employees…
Mark Stevens
Job Title
Image © iStock.com / lamyai
The Health and Safety Executive (HSE) Code of Practice suggests a minimum temperature of 16°C in an indoor workplace (13°C if the work involves rigorous physical effort).
In addition to bearing in mind the legal minimum, employers should also carry out risk assessments to identify any specific issues that might arise from working in cold conditions.
Nothing, however, is set down in law for a maximum working temperature.
MPs have previously called for a limit to be introduced. In 2016, a motion was called in parliament calling for the Government to limit temperatures to 30°C, or 27°C for more strenuous work. The motion suggested employers would have to introduce control measures, such as breaks, access to water or air conditioning, in the event the aforementioned thresholds might be met or exceeded. The motion has not found its way into statute, however.
In the meantime, employers should be aware of the effects of heat stress on employees and look to reduce the risks, where possible, by removing or reducing sources of heat. Practical steps suggested by the HSE include:
Identifying those at risk is likely to be important. In particular, employers need to be aware of their obligations in the Equality Act 2010 – particularly with reference to the obligation to make reasonable adjustments in respect of any elements of a job that places a disabled person at a substantial disadvantage compared to someone who is not disabled. It may be that additional measures or actions need to be put in place to combat the challenges posed by working in hot conditions. Again, a risk assessment would be appropriate to recognise risks and identify measures to reduce or avoid those risks.
More generally, employers must be careful to consider health and safety issues. Section 44 of the Employment Rights Act 1996 gives employees and workers the right “not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that:
The aforementioned rights protect employees against, among other things, being subjected to a detriment (such as losing pay) when they leave the workplace or propose leaving the workplace where they reasonably believe there to be serious and imminent danger.
This might include circumstances where an employee reasonably believes the temperature in the workplace is so low or high as to create serious and imminent danger.
It is important for all employers to have a strategy in place to deal with the effects of a reduced workforce on a bad weather day, as well as HR and payroll issues that follow on.
Employers should adopt a policy that makes expectations clear. It might confirm that it is the responsibility of all employees to make every effort to attend work – even in exceptionally severe weather conditions or where other unusual travel difficulties arise, such as rail strikes. These efforts may include taking a different route to work or using alternative transport, such as lift sharing, public transport or walking.
Policies might also state that employees should listen out for information about local conditions and transport services. They should also detail the circumstances in which working from home will be authorised, and when absences will be paid or unpaid.
To manage risks, the policy should be clear that it does not expect employees to put their own or others people’s safety at risk. Where severe weather is forecast or other travel difficulties are expected, employees should (if possible) make suitable plans for travel and work in advance.
Employees have no automatic right to payment for time lost due to severe weather conditions or other travel difficulties – the terms of the employment contract should be reviewed to aid understanding of the specific position.
Generally, employees who find it impossible to reach the office and who cannot work from home will usually be expected to take annual leave. Employers may also suggest that if an employee does not want to take annual leave or unpaid leave that they make up the lost time on other days.
That said, careful consideration should be given to what payments should be made to employees who do not attend work because of bad weather.
Reducing pay may create animosity between employees who were able to work from home and still be paid, and those who were not and lost out.
A risk of creating negative publicity by reducing pay for reasons outside of an individual’s control may also arise. In its guidance in relation to this issue, Acas states: “The handling of bad weather and travel disruption can be an opportunity for an employer to enhance staff morale and productivity by the way it is handled.”
Where employees are faced with childcare issues due to school closures, this is likely to constitute a domestic emergency entitling the employee to take unpaid leave to look after their children or other dependants.
Employees are entitled to a reasonable amount of time off to deal with the emergency. An employer is under no obligation to pay an employee during emergency leave.
Employers should carry out risk assessments of the workplace, paying specific attention to risks that arise from employees working in hot or cold conditions.
Employers should develop a strategy for dealing with travel disruptions. It is important that a bad weather policy is finalised and made available to employees prior to the event. In this way, employees will understand in advance their employer’s approach and the consequences of their absence.
Wherever possible, it is advisable to collaborate with employees and they should be appreciative of those who have made the journey in, and seek to agree alternative working arrangements with those who cannot attend. Such arrangements could include remote working, making up hours at another time, or working from another location.
According to a survey of 2,000 people in the March 2014 issue of HRreview, around 2% of office hours can be wasted due to the temperature alone. The survey also illustrated the divide between men and women when it comes to comfort with the office temperature.
The survey conducted on behalf of heating and ventilation firm Andrews-Sykes found that less than a quarter of office workers thought the temperature in their office comfortable, with more than a third suggesting they took at least 10 minutes out of work each day due to temperature alone.
Further, women wasted an average of 33% more time (around 9 minutes, compared to 6.5 for men) trying to acclimatise themselves, 70% of women needed to bring in additional clothing to the office to keep warm and 50% resorted to excessive cups of tea. In comparison, 44% of men needed a jumper and 28% sought a hot drink.
Worse, 29% of people surveyed estimated they spent between 10 and 30 minutes each workday not working due to an uncomfortable office temperature. And 6% believed they spent more than half an hour each day not working well for this reason.
HRreview suggested this means an office of 100 people will have at least 8 hours wasted each day, due to the temperature, and the full figure could be more like 18 hours – the equivalent of more than 2% of staff members never turning up to work.
Further statistics from the survey found 27% of women had complained to management about the temperature, compared with 17% of men; 48% of women had complained to a colleague, compared with 31% of men; 27% of men thought the summer temperature in their office was ideal, compared to only 21% of women; and 31% of men thought the winter temperature in their office was ideal, compared to only 19% of women.
