With frequent heatwaves bringing potentially challenging working conditions across the country, compliance expert Vivek Dodd, CEO at Skillcast, says employers should implement a formal weather framework instead of exposing employees to possible health and safety risks.  

It comes after the Climate Change Committee’s May report called for a statutory maximum working temperature in the UK to protect worker safety and productivity. 

Although there is currently no statutory upper temperature limit, employees have the legal right to walk out of unsafe working environments including extreme heat under Section 44 of the Employment Rights Act. If they decide to do this, they are protected from being penalised or subjected to detriment such as a pay cut or dismissal.

With the climate crisis expected to drive more frequent heatwaves and rising temperatures, regulation is becoming more needed to protect workers’ health and productivity. Mr Dodd said: “Outside workers such as builders and those in construction as well as staff in kitchens and industrial environments are bearing the brunt of this regulatory gap. Their roles often require hours in bright sunlight doing strenuous physical work wearing PPE with limited shade or working in warm and poorly ventilated spaces. Employees in these conditions are susceptible to heat stroke and severe dehydration.

“Challenges caused by extreme heat extend to corporate settings too. Despite commonly having air conditioning in office settings, the daily commute can become a health hazard during hot weather and impact worker productivity and well-being.”

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Although the HSE recommends that employers provide workers with regular breaks and encourage them to drink more water, it has stopped short of making a mandatory, formal weather framework. This lack of regulation could expose businesses to reputational damage, constructive dismissal claims, and health and safety breaches. 

To mitigate these risks and give employees clarity on their working rights in hot weather, Mr Dodd recommends that employers consider implementing a formal Extreme Weather Framework.

Mr Dodd explained: “As part of this framework, working hours could be made flexible to avoid peak daytime heat and working from home could be mandated where possible. 

“On-site steps that might make employees more comfortable in hot weather include relaxing dress codes, providing free drinking water and other cooling refreshments, fans and extra ventilation.

“Frequent heatwaves are not just a safety risk, they are a corporate governance and regulatory risk. 

“Taking a passive approach to heatwaves instead of an active one can impact workplace productivity and duty of care standards. 

“Section 44 gives employees some autonomy if they feel unsafe at work (or in the commute to work) during extreme temperatures. However, compliance teams can be proactive and act now to review their policies and provisions to ensure they are up to date and put plans and steps in place to support employees.

“These reviews will ensure that employees are comfortable, safe and happy in anticipation of future hot weather conditions.”

About Skillcast

Skillcast helps companies to create compliance awareness and inspire their employees to act with integrity. We offer bespoke e-learning content development, libraries of ready-made courses and a digital platform specifically built for compliance training. Over 1,400 companies use our digital products to deliver millions of learning interventions each year.