Can You Refuse To Work Due To The Temperature Of Your Workplace?
Written by Leah Waller
Senior Employment Consultant Solicitor
Now, I know we don’t always have the best weather in the UK, but when we do not all offices and workplaces are necessarily equipped to deal with soaring temperatures, it is equally fair to say that we are not always equipped to deal with the plummeting temperatures in Winter either!
So, what are the responsibilities of the Employer when it comes to managing temperature and can you refuse to work if the temperature becomes too high (or too low)?
Let’s take a look…
Your responsibilities and considerations are going to be different depending on whether the working environment is inside or outdoors. Where an Employer is providing an inside workspace they must ensure:
- a reasonable working temperature. This will usually be at least 16°C, but will be 13°C for strenuous work, unless there are other laws that state lower temperatures;
- local heating or cooling where a comfortable temperature cannot be ensured. This can be through the use of fans, opening windows, radiators, heaters etc.;
- there are thermal clothing and rest facilities available, particularly necessary where ‘hot work’ or cold stores are in use;
- that heating systems are not producing any dangerous or offensive levels of fumes into the workplace;
- that there is sufficient space within each of the rooms in the workspace.
So, what can you do as an Employer when things are getting ‘too hot’?
To help maintain a comfortable temperature among staff, some things that you may want to consider are:
- providing fans;
- opening windows or allowing windows to be opened where staff would like to;
- ensuring that staff are shaded from direct sunlight, this could be by using blings or reflective film on windows and/or moving desks and workstations away from windows and other areas that get direct sunlight;
- encouraging a more relaxed dress code (although ensuring that any PPE is still worn as required);
- ensuring sufficient breaks so that Employees can cool down and get cold drinks;
- provide facilities such as water dispensers;
- allow a more flexible work pattern;
- installing an air conditioning unit (temporary or permanent).
These are not legal obligations, just a few ideas that may help in the hotter months (or weeks as it usually is, in the UK!).
And for when it is ‘too’ cold?
Here are just a few ideas for then too…
- ensure the workplace is heated or has adequate heating provisions with portable heaters;
- reduce exposure to cold areas wherever possible;
- reduce draughts;
- insulating floors;
- providing thermal clothing or protective clothing where necessary;
- allow a more flexible work pattern;
- ensure sufficient breaks so that Employees can warm up and get hot drinks;
Again, these are not legal obligations, just a few ideas that may help in the colder months.
So, in short…NO, you cannot refuse to work due to the temperature in your workplace BUT your Employer does have obligations to meet and more information and advice can be found from the Health & Safety Executive.
