Can workers stop during heatwaves? What we know about plans to change UK rules

Yahoo

4 days ago

The Health and Safety Executive is drafting new guidelines to protect workers during periods of intense heat.
The fourth heatwave of the summer has sparked regulators to devise plans to allow workers to down tools during periods of intense heat.
Temperatures across England have risen again this week, reaching 33.4C on Tuesday – with some parts potentially reaching 34C on Wednesday – sparking an amber heat health alert.
As a result of the more regular heatwaves, the Health and Safety Executive (HSE) is developing new guidelines to protect workers.
Manual labourers like refuse collectors and builders, who work outside and often undertake physically tough work, are at particular risk from soaring temperatures.
HSE proposals include mandatory heat stress assessments and enhanced protections, such as more breaks and access to shade.
While unions push for a legal maximum working temperature, critics warn that stricter rules could harm productivity and burden businesses with additional red tape.
What are the rules about working in a heatwave?
Currently, employers must ensure workplace temperatures are reasonable, but no specific maximum temperature is legally defined.
The HSE advises that employers assess risks from extreme heat and implement practical measures to protect workers.
This includes providing adequate ventilation such as fans or air conditioning, access to drinking water, and sufficient breaks to cool down.
Workers cannot stop working if an office is uncomfortably warm but the law does state that employees can walk out if they believe they are in 'serious and imminent danger' – such as suffering from heatstroke or heat exhaustion.
For strenuous jobs, a minimum safe temperature of 13C is recommended, while non-strenuous roles require at least 16C – which can mean performing tasks at cooler times of the day or allowing lighter and cooler clothing.
However, there's no upper limit, leaving workers in manual roles like construction or waste collection vulnerable during heatwaves.
The lack of a clear maximum temperature has sparked calls for reform, especially as climate change intensifies summer heat, prompting the HSE to revise its guidance.
What are the proposals?
The HSE is drafting updated guidance to address workplace risks during heatwaves that require employers to conduct heat stress assessments when temperatures reach a certain threshold.
This would trigger measures like more frequent rest breaks, better access to shade, and adequate hydration.
Employers may also need to provide lightweight protective clothing and adjust shift patterns to avoid peak heat hours.
These changes aim to modernise outdated guidance from 1992, reflecting the dangers of rising temperatures.
The government has committed to supporting these reforms, with detailed proposals expected soon for consultation.
Which jobs will be affected?
The proposed heatwave protections will primarily impact manual labour roles where workers are exposed to high temperatures for extended periods.
Refuse collectors, builders and other outdoor workers in construction and landscaping face the greatest risks, as their jobs involve physical exertion under direct sunlight.
Indoor roles in poorly ventilated environments, such as warehouses or factories, may also be affected if temperatures become excessive.
The HSE guidance will require employers in these sectors to implement measures like heat stress assessments, additional breaks, and access to shade or water.
Some industries, like waste collection, already adjust schedules to start shifts earlier, avoiding midday heat.
Should there be a maximum temperature?
As it stands, there is no fixed temperature that is considered 'too hot' to work, but employers do have a duty of care under the Health and Safety at Work Act 1974 and the Workplace (Health, Safety and Welfare) Regulations 1992 to ensure staff are safe and comfortable.
But with heatwaves becoming more frequent, some unions, including the TUC, are arguing for a temperature cap.
The union is calling for a maximum indoor temperature of 30C, or 27C for those performing strenuous jobs. Anything above that would mean workers would be able to stop.
The TUC points to international examples like Greece, where breaks are mandated during peak heat hours.
A defined limit would provide clarity and ensure employers prioritise safety, especially for outdoor workers.
However, a fixed temperature could add regulatory burdens, particularly for small businesses who already allow flexibility during hot weather.
Craig Beaumont, executive director of the Federation of Small Businesses, told Yahoo News UK: 'Employers already have a legal duty to ensure the temperature in their workplace is reasonable, and to address any excessive heat that poses a risk to employees' health and safety.
'This approach appears to work, so any new regulations to change this must set out why they would be an improvement.
'With ministers just now recommitting to the government's aim to cut regulatory costs by 25%, we should avoid unnecessary, impractical or disproportionate red tape.'
What are safe working temperatures?
Safe working temperatures depend on the nature of the job and workplace conditions. The HSE currently sets minimum temperature guidelines of 13C for strenuous work and 16C for less physically demanding roles.
However, no legal maximum temperature exists, leaving workers exposed during heatwaves.
The HSE advises that temperatures should be 'reasonable' to prevent health risks like heat stress.
Countries like Greece and Spain suggest maximum temperatures of around 27C-30C for outdoor work, with mandatory breaks during peak heat.
But Philip Richardson, head of employment law at law firm Stephensons, told Yahoo News UK that 'what's considered reasonable will vary depending on the nature of the work and the setting'.
He explained: 'Most responsible organisations will factor this into their risk assessments, especially during heatwaves, and take extra steps to support vulnerable employees or those with existing health conditions.
'It is important that all employers proactively assess risks associated with excessive heat and implement practical measures – such as flexible hours, improved ventilation, relaxed dress codes, and regular breaks – to protect their workforce.
'It is hoped in this way that sensible steps can be taken, agreed upon and resolved without the threat or need for workers to down tools which should always be a last resort.'