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  • 24 Jun 2026

    Working in a Heatwave: Your Rights and Your Employer's Responsibilities

    With the temperatures we’re having this week, many employers and employees ask the same question: when is it too hot to work?

    While there is currently no legal maximum workplace temperature in the UK, employers still have important health and safety obligations. During periods of extreme heat, businesses should take practical steps to protect their workforce and ensure working conditions remain safe and reasonable.

    Whether you're an employer looking to meet your legal responsibilities, or an employee concerned about workplace conditions, understanding the rules around working in hot weather is essential.

    Is There a Legal Maximum Temperature for Work?

    One of the most common misconceptions is that UK law sets a maximum temperature for workplaces.

    In fact, there is currently no legal upper temperature limit for most workplaces in England and Wales. However, employers are still required to ensure workplace temperatures are "reasonable" and that employees can work in conditions that do not put their health and safety at risk.

    The Workplace (Health, Safety and Welfare) Regulations 1992 require employers to provide a reasonable indoor working temperature, while the Health and Safety at Work etc. Act 1974 places a wider duty on employers to protect the health, safety, and welfare of their employees.

    2 Working in a heatwave

    What Should Employers Do During a Heatwave?

    The steps an employer should take will depend on the nature of the workplace and the risks involved.

    Practical measures may include:

    • Providing access to drinking water
    • Improving ventilation
    • Using fans or air conditioning where available
    • Allowing more frequent rest breaks
    • Adjusting working hours to avoid the hottest parts of the day
    • Permitting hybrid or remote working where appropriate
    • Relaxing dress code requirements where safe to do so
    • Carrying out heat-related risk assessments

    For employees working outdoors, additional precautions may be necessary, including access to shade, sun protection and amended working patterns.

    Can Employees Refuse to Work If It's Too Hot?

    There is no automatic right to stop working or leave work because temperatures are high.

    However, employers must take reasonable steps to ensure staff are not exposed to unsafe conditions. If an employee believes there is a serious and imminent danger to their health and safety, they should raise their concerns with their employer immediately.

    In many cases, issues can be resolved through practical adjustments rather than employees leaving the workplace altogether.

    What About Dress Codes?

    Heatwaves often prompt questions about workplace attire.

    Employers can generally require employees to follow a dress code, provided it is reasonable and applied consistently. However, many businesses choose to adopt a more flexible approach during periods of extreme heat.

    Where health and safety equipment or personal protective equipment (PPE) is required, employees will usually still need to wear it regardless of the temperature.

    Employers should consider whether temporary adjustments can be made without compromising safety or professional standards.

    Supporting Vulnerable Employees

    Some individuals may be more affected by high temperatures than others.

    Employers should pay particular attention to:

    • Pregnant employees
    • Employees with disabilities
    • Workers with underlying medical conditions
    • Older employees
    • Employees required to wear specialist protective clothing

    Additional risk assessments or workplace adjustments may be required to ensure these employees can work safely.

    Homeworking During Hot Weather

    For many businesses, hybrid and remote working arrangements are now a normal part of working life.

    While working from home can help employees avoid uncomfortable office conditions, employers still owe duties to their staff. Employers should encourage employees to manage their home working environment safely and consider whether temporary flexibility is needed during periods of extreme heat.

    Could Employers Face Legal Claims?

    Potentially, yes.

    If an employer fails to take reasonable steps to protect employees from heat-related risks and someone becomes ill or suffers injury as a result, there may be grounds for regulatory action or, in some circumstances, legal claims.

    The key issue is whether the employer has taken reasonably practicable steps to protect the health and welfare of its workforce.

    Practical Tips for Employers

    As heatwaves become more frequent in the UK, businesses should consider developing a clear approach to managing high temperatures in the workplace.

    Key considerations include:

    Reviewing health and safety policies
    Conducting workplace risk assessments
    Communicating clearly with employees
    Monitoring vulnerable workers
    Providing adequate hydration and ventilation
    Considering temporary flexible working arrangements

    Taking proactive steps can help reduce health risks, maintain productivity, and minimise the likelihood of workplace disputes.

    How Hegarty Can Help

    Employment law and health and safety obligations continue to evolve as workplaces adapt to changing working patterns and increasingly extreme weather conditions.

    By taking sensible precautions, carrying out appropriate risk assessments and responding to employee concerns, businesses can help ensure that staff remain safe, comfortable, and productive throughout the summer months.

    At Hegarty, our employment law specialists advise employers and employees on workplace policies, health and safety responsibilities, discrimination issues and employment disputes.

    If you would like advice on managing workplace risks during periods of extreme heat, our team is here to help.

    Andrew Heeler

    Partner

    Head of the Corporate Department

    Ashley Sutherland

    Partner

    Corporate Law

    David Brown

    Solicitor | Employment Law

    Hamzah Ajaib

    Solicitor | Corporate Law

    Marissa Clausen

    HR Consultant | Employment Law

    Contact our team today

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    Whatever legal support you need, our experienced and highly skilled solicitors and legal advisors are here to help. With expertise across a wide range of legal areas, we provide clear, practical advice tailored to you. What sets us apart is our commitment to understanding your needs and delivering the best possible outcome with a personal touch.