The UK is bracing for record-breaking temperatures that could exceed 38°C, with extreme heat warnings and health alerts issued. The Met Office forecasts the sweltering heat could persist until at least Thursday, raising concerns for vulnerable individuals and prompting weather warnings.
Record-Breaking Heat Expected
Forecasters express “growing confidence” that this week may break the record for the hottest June temperature of 35.6°C, set in 1976 in Southampton. The UK Health Security Agency (UKHSA) warned of significant impacts on health and social care services, alongside a potential rise in deaths, particularly among those aged 65 and over or with pre-existing health conditions.
The extreme heat could also disrupt rail, road, and air travel, with the Met Office noting a possibility of tarmac melting.
Legal Guidance on Workplace Heat
Amid the heatwave, a lawyer has clarified the rules on workplace temperatures and whether it can ever be legally “too hot to work.” Patrick Macken, Solicitor at Richard Nelson LLP, explained: “The answer is both yes and no. There is no specific office or work temperature threshold that entitles the workforce to stop working or relocate. The Health, Safety and Welfare Regulations 1992 may be the only statutory instrument that expressly addresses workplace temperature, but it’s arguably underwhelming and ambiguous. The obligation goes no further than maintaining a ‘reasonable’ temperature.”
However, Macken highlighted that other legal instruments come into play, particularly the Employment Rights Act 1996. This provides recourse for employees who are dismissed or subjected to a “detriment” because they left, or proposed to leave, the workplace due to serious and imminent danger. “While that sounds like a high threshold, the danger doesn't need to be life-threatening; it includes exposure to harm, injury, or risk. Even the risk of danger is enough to trigger statutory protection,” he said.
Protection Beyond Dismissal
Macken added: “The protection and resources available to employees under the Employment Rights Act 1996 go beyond instances of dismissal, but also apply if an employee is subjected to any ‘detriment’. Detriment has a broad application. It’s generally defined as anything a reasonable employee could perceive as placing them at a disadvantage; this doesn't have to be financial. This could include disciplinary action, such as warnings, or even just the commencement of a disciplinary procedure, regardless of the outcome.”
He cited a notable case: Begum v Sunlight Services Group Ltd. In that instance, employees were struggling with humidity in a controlled environment while performing their usual duties. When the manager refused simple measures like opening a door, the claimant felt it was too unsafe to continue and threatened to leave. Her manager threatened dismissal, and when she did leave, she was dismissed. The Tribunal found that the claimant was automatically unfairly dismissed. “Unlike ‘ordinary’ unfair dismissal, there is no defence to an automatic unfair dismissal,” Macken noted.
Employer Responsibilities
Macken concluded: “Whilst each case is subject to its own merits, employers ought to be mindful of health & safety measures, and avoid knee-jerk decisions to discipline or dismiss employees who take preventative measures, such as adjusting their uniform or opening doors, to stay safe in the heat.”
