As temperatures peak in Northern Ireland during this latest heatwave, employment law specialists at Lewis Silkin Belfast are reminding employers of the health and safety risks that now must be considered as rising temperatures become commonplace across the UK.
While there is no legal maximum workplace temperature in Northern Ireland, practical steps must still be taken to protect colleagues from heat-related workplace risks.
Sylvia Rose, Associate at Lewis Silkin Belfast says heatwaves are increasingly becoming a business continuity and workforce wellbeing issue, with risks ranging from reduced productivity and employee absence to health and safety complaints, personal injury claims and potential whistleblowing or unfair dismissal exposure.
Sylvia commented; “Whilst temperatures have peaked for Northern Ireland in this latest wave, it is a timely reminder that employers must have hot weather policies in place to avoid the above issues.
“There is a common misconception that employees can down tools when it gets ‘too hot’, however with no laws around maximum workplace temperature in Northern Ireland, employers must still have clear duties set out for the wellbeing of their teams.”
The Health and Safety Executive NI (HSENI) suggests some immediate responses which can be simple and low cost, says Sylvia, adding; “improve ventilation, provide cold drinking water, move workstations away from sunlight, extend hybrid working and flexibility around uniforms if possible, and provide more frequent breaks.”
When it comes to the legal risk, it is not just regulatory. Employers who dismiss or ignore genuine concerns about unsafe temperatures could face employment claims, particularly where employees reasonably believe there are serious and imminent dangers, or where complaints amount to protected health and safety disclosures.
Sylvia continued; “The Workplace (Health, Safety and Welfare) Regulations (Northern Ireland) 1993, require indoor workplace temperatures to be reasonable during working hours, and the HSENI states that employers must keep indoor workplaces at a comfortable level, known as thermal comfort, and provide clean, fresh air.”
Additionally, employers must pay attention to colleagues for whom heat presents additional risk, including pregnant employees, those with disabilities or health conditions, and those taking medication that affects heat tolerance.
Sylvia added; “It is also worth remembering menopause symptoms, including hot flushes, fatigue and difficulty concentrating, can be made worse by already high temperatures.
“Employers need to think proactively about how to support any affected employees and this heatwave can be the time to understand what your workforce needs, and what you must provide.”
Practical tips and additional information and advice for employers is available online at lewissilkin.com.