Periods of hot weather in the UK are becoming more frequent and intense given climate change. While the law has traditionally focused on protecting workers from cold conditions, rising temperatures are increasingly exposing employers to health and safety risks. This article outlines the key legal duties owed by employers during hot weather, specific risks for employers to consider, and recent developments in this evolving area.
The Legal Framework
Contrary to popular belief, there is no maximum legal working temperature in the UK. However, this does not leave employers without obligations to their staff. Instead, duties arise from various forms of health and safety legislation, including the Health and Safety at Work Act 1974 and the Workplace (Health, Safety and Welfare) Regulations 1992 (‘the Regulations’). For example, Regulation 7 of the Regulations specifies that workplace temperatures must be ‘reasonable’ but does not provide further detail about what this means in practice. The Management of Health and Safety at Work Regulations 1999 also requires employers to carry out risk assessments regarding any hazards and the actions they will take to eliminate that hazard.
In addition, the Health and Safety Executive (‘HSE’), the regulator charged with enforcing health and safety legislation, has produced a code of practice which aims to explain how employers can comply with the Regulations. The current edition of the code dates from 2013 and is accessible here. In its current form the code does not address the question of a maximum temperature but does state that the temperature in indoor workplaces should exceed 16 degrees. However, the HSE does expect employers to carry out risk assessments and implement controls to protect staff because heat is classed as a hazard and comes with legal obligations for the employer like any other hazard.
Specific Risk Considerations
Firstly, it is important to consider heat stress. Heat stress occurs when the body cannot regulate its internal temperature, potentially leading to heat exhaustion. The HSE has prepared helpful guidance on its website specifically about heat stress and we suggest that employers review it (particularly for those with employees who wear personal protective equipment). The HSE has also prepared a heat stress checklist which can help employers to control the risks. In particular, it emphasises the importance of training for workers, so they understand heat stress and how to manage working in hot temperatures.
In addition, employers should ensure they have prepared up-to-date risk assessments for working during hot temperatures for both remote and office workers. They should also update any risk assessments they may have carried out for pregnant and breastfeeding women about workplace risks. It will also likely be appropriate to consider reasonable adjustments where applicable for those staff members with medical conditions or disabilities (for instance by offering the option to work from home where the nature of the work allows this).
Employers should also seriously consider any concerns expressed by staff members about workplace conditions during hot temperatures or any associated health and safety concerns. Depending on the circumstances, such concerns (raised either orally or in writing) may in some cases qualify for whistleblowing protection and attract uncapped compensation.
Recent Developments
Although the statutory framework has not yet introduced a maximum temperature, it does appear that there will be changes afoot here given the constant temperature increases observed as a result of climate change. In particular, employers should note the following recent developments:
1. HSE
The HSE recently published a press release on its website regarding the recent heatwaves in June 2026 (accessible here). In the press release it reminded employers that they should plan for the heatwave and implement proactive steps to support their staff. For example, the press release suggests that employers consider relaxing dress codes if possible, providing free access to drinking water and offering flexible working patterns to allow workers to work at cooler times of the day or relocate staff members to cooler areas. In addition, employers should ensure that indoor spaces are adequately ventilated (i.e. opening windows, using fans or air conditioning and installing blinds or reflective films to solar gain).
2. Calls for a maximum temperature
On or around 24 June 2026, the Trades Union Congress (‘TUC’) called for a legal cap of 30°C (27°C for strenuous work). This followed an earlier proposal by the GMB Union in 2022 which publicly called at the time for a maximum temperature of 25C.
In May 2026, the Climate Change Committee (‘CCC’) set up under the Climate Change Act 2008 to advise the UK and devolved governments about emissions targets published a report about the impact of climate change (accessible here). As part of the report, the CCC formally recommended that the government should set a maximum temperature for workplaces. As part of its analysis, the CCC cited the example of Spain, which has introduced a maximum legal working indoor temperature at 27 degrees centigrade for sedentary work and 25 degrees centigrade for light physical work indoors. If employers do not meet these conditions, workers may report any non-compliance to labour inspectors or trade unions.
3. Potential right to stop work
The TUC has also proposed that workers should be able to stop work above a maximum temperature of 30 degrees centigrade, or 27 degrees for those doing strenuous jobs.
However, it remains to be seen if any of these proposals will lead to substantive changes in the law.
Please note the contents of this article do not constitute legal advice. If you require any further information, or if you would like our assistance, please contact us at employment@berrysmith.com or on 02920 345 511.