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Can you leave work early in a heatwave? Lawyer explains your rights in full

Understanding Your Rights in the Heat: What Brits Need to Know

As temperatures in the UK are set to skyrocket to 32°C this week, you might be wondering how the heatwave affects your work schedule. Do you have the right to leave work early? Let’s break it down.

Surprisingly, despite amber health alerts triggered by the scorching conditions across the UK, there are no specific laws governing maximum working temperatures. The reason behind this absence of regulation is the wide variation in heat levels across different workplaces.

Some jobs, like those involving blast furnaces, steel production, or glass manufacturing, naturally involve working in high temperatures. However, that doesn’t mean you have to suffer in the sweltering heat.

Employers are obligated to follow health and safety laws at work. These laws require them to maintain a comfortable temperature and provide clean, fresh air. A responsible employer should conduct a risk assessment to minimize health risks caused by extreme heat.

If you have a disability, your employer may also be required to make “reasonable adjustments” during a heatwave to comply with the Equality Act 2010. Failure to do so, resulting in your injury, could lead to a personal injury dispute against your employer.

So, what’s the temperature guideline? Health and Safety at Work regulations specify a minimum workplace temperature of at least 13°C, but there’s no fixed maximum. However, a prudent employer should assess and manage risks posed by high temperatures effectively.

Generally, employment contracts imply that employers have a duty to protect their employees’ health and safety, while employees must follow their employer’s reasonable requirements. Walking out without clear evidence of endangerment might result in disciplinary action.

The Health and Safety Executive (HSE), a government agency overseeing workplace health and safety, recommends a minimum workplace temperature of 16°C. For physically demanding jobs, this minimum drops to 13°C. Unfortunately, there’s still no specific maximum temperature defined.

If you find the heat unbearable, talk to your manager, supervisor, union representative, or employee representative. They may help by opening windows, providing fans, adjusting work schedules, or relaxing dress codes.

Last year, there were calls for a new law to protect workers from extreme heat, proposing limits of 30°C in most workplaces and 27°C for strenuous jobs, all legally enforced. This policy would require employers to implement measures such as ventilation and heat source control.

As the Met Office predicts a heatwave this week with temperatures reaching up to 30°C, it’s crucial to stay informed about your rights and health during extreme heat. The UK Health Security Agency has issued an amber alert, warning of potential strain on health and social care services.

Vulnerable individuals, including the elderly, young children, and those with health conditions, face increased risks during this period. Travel delays and staffing issues are also likely.

While workplace heat regulations may be scarce, schools have their own rules. Additionally, there are avenues to explore hot weather refunds you might be entitled to. Stay safe, stay cool, and know your rights during this scorching spell.


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