When the weather bites back – what can employers do?

We’ve all, no doubt, turned to that most British of pastimes this last couple of weeks: moaning about the weather.  It is, frankly, just too hot! 

We are told that these kinds of weather occurrences are likely to become more frequent over the coming years, with extremes of weather at either end of the spectrum becoming more common. So: what does this mean for employers? 

What is too hot or too cold to work?

In the UK, there is no minimum or maximum working temperature in law.  Employers are expected to keep temperatures ‘reasonable’ and government guidance suggests that a minimum reasonable temperature is likely to be 16 degrees, or 13 degrees where physical work is being carried out.  There is currently no guidance for maximum temperatures – perhaps because we are simply not used to being asked that question!

However, there are some things that all employers will need to consider in either case to ensure that staff are not unreasonably / disproportionately affected by such extremes of temperature…

Disability

The first thing that may need to be considered is whether an employee has a disability – or indeed any health condition – which may be impacted by the heat, whether hot or cold.  For example, for people with Multiple Sclerosis, the heat can exacerbate symptoms and lead to increased fatigue, nerve pain, reduced mobility and a whole host of other issues.  For those with arthritis, the cold can exacerbate pain and stiffness and may again lead to reduced mobility, and certain medications can cause increased risks of becoming dehydrated or can make it harder for people to control their body temperature.

Employers are under a duty to make reasonable adjustments for any employee with a disability, and this may include making temporary adjustments to assist employees in coping with extremes of temperature, whether that is by allowing changes to working patterns, place of work or providing auxiliary aids like fans to assist in coping with the heat.  Employers are not expected to be medical professionals, but it would be sensible to ensure that staff know to whom they can talk if they need additional adjustments as a result of the current weather conditions, so that arrangements can be made.

Age

Ask any woman over the age of about 40/45 and she will likely tell you the impact of perimenopause on body temperature.  Whether suffering from hot flushes or not, she may well find it harder to cope in the current hot weather than her younger self, or a similarly aged man. 

Large employers will, from next year, be required to put menopause action plans in place.  As part of this, they would be well-advised to consider what can be done to make the workplace more comfortable for women going through the menopause, particularly at this time of year when the temperature is far beyond what is comfortable for most staff, let alone those going through the menopause.

Whether required to put a menopause action plan in place or not, it is nonetheless sensible to consider what could be done to make the working environment more comfortable for all employees whenever these extremes of temperature arise.  This is particularly important where (as with the menopause) this has for many years been a ‘taboo’ topic that many were not comfortable discussing.  Employers who can be on the front foot in considering their employees’ needs are likely to reap the benefits of doing so.

Childcare

Whether it is too hot, or too cold, there is an increased risk that the normal arrangements for childcare may breakdown.  Schools often will close for ‘snow days’ and there have been increased reports this last week of schools closing as they are simply unable to keep the buildings cool enough to be a safe environment, particularly for the youngest of children.

Employers should remember that all employees will have the right to (unpaid) time off work to care for dependants, in order to make alternative care arrangements where normal arrangements are unavailable.  It may also be worthwhile considering whether employees are able to work from home, and in what circumstances, if they need to do so in order to cope with these temporary disruptions to childcare arrangements.  Whilst this may not be suitable for all staff, and may depend on the age and needs of the children for whom care needs to be provided, it is always helpful to consider these needs in advance so as to be prepared when these situations invariably arise.

Other considerations?

In more general terms, it is self-evident that staff are more likely to work effectively and productively when the temperature is ‘reasonable’ and comfortable for the particular work that is being carried out.  Cold hands are often not so willing to type or to carry out intricate manual work, and staff sitting at desks in sweltering conditions are perhaps more likely to nod off, particularly after lunch.  It is therefore always sensible to try to maintain a good working environment – including temperature – and to consider what other arrangements can be made where, for example, the UK air conditioning cannot ‘beat the heat’. 

Whilst every workplace is likely to suffer from ‘air-con wars’, with some staff wanting the office to be warmer than others, allowing working from home, relaxing dress-codes and ensuring a regular supply of ice/ cold drinks may be just some of the things to consider when the British weather decides to give us all something to complain about.

If you need any guidance on this, or any other matter, please do not hesitate to contact the Tyr Employment Team, and we will be only too happy to help.