As temperatures continue to fall and roads across the country ice up, everything can start to feel very cold – and this might include your place of work.
But what are the rules for working in cold environments? Can it ever be too cold to work? And what does the law say about it?
How cold is too cold to work?
According to Yvonne Gallagher, partner at law firm Harbottle & Lewis, “there is no legislation now prescribing minimum (nor maximum) workplace temperatures – previous legislation on this was repealed in the 1980s”.
However, she continues: “Employers have a health and safety obligation to provide a safe place of work, and temperature will form part of those requirements. In practice though, the Health and Safety Executive, who has responsibility for such issues, will deal only with more obviously serious cases.
“Employers do have an obligation to consider and make risk assessments where obvious risks are present, and general guidance, including that given by Advisory, Conciliation and Arbitration Service (ACAS), suggests a reasonable temperature should be at least 16 degrees Celsius, or 13 degrees Celsius where work requires physical effort,” says Gallagher.
“Employers should be concerned in particular about employees who may be particularly vulnerable to cold weather – this may include those with diabetes, immune suppression issues, or other conditions which may leave them vulnerable to illness, as prolonged exposure to cold temperatures may increase risk.”
Duty of care
John Kushnick, legal operations director at National Accident Helpline, adds: “Temperatures in the workplace are covered by the Workplace (Health, Safety and Welfare) Regulations 1992, which place a legal obligation on employers to provide a ‘reasonable’ temperature in the workplace.
“Unfortunately, there are no laws which specifically state that workers can stop working if the temperature gets too hot or cold,” he says. “However, every employer has a responsibility to maintain a safe working environment and must protect the wellbeing of their employees under UK employment law. This legal obligation is otherwise known as ‘Duty of care’.”
What about office dress codes and cold commutes?
This duty of care means employers will need to take reasonable steps when required.
“This means they have a responsibility to ensure the temperature in the workplace is adequate,” says Jayne Harrison, head of employment law at Richard Nelson LLP. “Not only must employers ensure their workplace is sufficiently heated, they should also consider whether it is appropriate to allow a more relaxed dress code. Brits may therefore be able to wear warmer and more weather-appropriate clothing in the office.
“Employers should also consider allowing their employees to work from home if they have a potentially dangerous commute to work, or if they suffer from any health conditions that are exacerbated by the cold weather,” Harrison adds. “For those who work outdoors, naturally employers have little control over the temperature. However, businesses are still required to take steps to protect workers who are in the cold for long periods. Provisions could include supplying personal protective equipment, having warm rest areas, more frequent breaks and providing hot drinks.”
What other things should they think about?
Working in a cold office may impact people differently, particularly those going through menopause.
“Menopause can disrupt the hypothalamus, the brain’s temperature regulatory centre, leading to both hot and cold flushes,” said Lauren Chiren, corporate trainer, menopause coach and founder of Women of a Certain Stage. “This can make it challenging for menopausal women to maintain a comfortable body temperature, especially in extreme temperatures. Even slight drops in temperature can exacerbate symptoms like cold flushes, making it difficult to focus and be productive.
“While it’s impossible to provide a perfect environment for all, it’s crucial to offer flexibility. This could include allowing personal heaters, providing flexible dress codes, or enabling remote work options,” suggests Chiren. “Flexible working, where employees can choose a comfortable environment, is particularly beneficial, although not a ‘get out there of jail card’ for employers, as this can increase the financial burden on staff and increase isolation, both of which could exacerbate symptoms.
“Asking and listening to staff members is the most effective way to support them. They’ll feel heard, supported, and more inclined to work with you to find a mutually beneficial solution.”