The minimum temperature permitted in offices is 16oC
(61oF) and 13oC (55oF) for those
doing strenuous work. In campaigns in 2002 and 2005 the TUC has
argued that soaring heat can cause concentration lapses, accidents
and slip-ups, with increased irritability raising the likelihood of
workplace violence.
This year the union is encouraging employers to be flexible when
it comes to dressing for the heat. "We'd like British bosses to
work cool and take the Japanese Premier's advice and allow their
staff to dress down a little for summer," said TUC general
secretary Brendan Barber. "Clearly vest tops and shorts are not
suitable attire for all front line staff, but those not dealing
with the public should be able to discard their tights, ties and
suits. We're calling on bosses to let their staff loosen their
collars and cool down while the heatwave continues."
According to Dr Simon Joyston-Bechal, who heads the Health and
Safety Team at Pinsent Masons, the law firm behind OUT-LAW.COM,
there is already some legal protection of workers, though it
remains subject to interpretation.
The Workplace Regulations of 1992 say that during working hours
the temperature in all workplaces inside buildings must be
"reasonable". There is also a requirement for "sufficient"
thermometers to be provided so that employees can easily ascertain
what the temperature is.
Joyston-Bechal said that a legal maximum would be difficult to
set, since some work demands
hot conditions, such as furnace work, tunnelling work or working in
a kitchen. "There are very good reasons why there is no maximum
level in law," he said.
"The regulatory impact of a work ban when the thermometer
reaches a certain level would be enormous," he continued. "Could a
ban apply just to offices? Possibly, but would that be fair to
other workers?"
Employees have another safeguard, though. The Health and Safety
Executive's Code of Practice stipulates that if more than 10% of
employees in an air-conditioned office are complaining of being too
hot, employers should conduct a risk assessment to establish
employees' "thermal comfort" and to take steps to improve this. The
action is not compulsory.
If an office is naturally ventilated the number complaining must
be 15%, and in retail, warehousing and factories it must be
20%.
