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BETTER BUSINESS

their obligations under the Equality to get suitably safe working condi-
Act 2010, “particularly with refer- tions.
ence to the obligation to make rea-
sonable adjustments in respect of any For Stevens, section 44 “might
elements of a job that places a disa- include circumstances where an
bled person at a substantial disadvan- employee reasonably believes that
tage compared to someone who is the temperature in the workplace is
not disabled”. As he points out: “It
may be that additional measures or so low or high as to create serious and
actions need to be put in place to imminent danger”.
combat the challenges posed by Farmer thinks along similar lines
working in hot conditions.” and says a failure by the employer to
Employees can act adequately address the risks pre-
If employees feel that the tempera- sented by workplace temperature,
ture at work is not ‘reasonable’, they which results in an injury, may lead
can raise the matter with their to a claim for compensation owing to
employer. But as Farmer explains:
“Temperature may be a bigger issue the employer not fulfilling its duty of
for an employee with a medical con- care. This is why she says “employers
dition. By way of example, employees must take extra precautions to keep
experiencing menopausal symptoms employees safe from harm, and these
will often report having hot flushes
and may look to their employer for responsibilities cover where and
support. Alternatively, an employee when the work is carried out, the
with a chronic chest condition may clothes and equipment provided to
struggle when temperatures drop, the employee, and the need for train-
and so feel too cold.” From her per-
spective, when made aware of an ing to be given in advance”.
employee’s medical condition, an
employer should carry out a risk Bad weather days
assessment to identify and address Apart from affecting the work-
any specific risks to their health. This place, temperature can also be an
may result in physical adjustments
being put in place, such as tempera- issue before employees even get to
ture control or providing an electric work. The ‘Beast from the East’ is a
Health and safety risks
fan. moniker often applied to cold air
Temperatures that vary too much from the norm can become a health and But if an employee doesn’t feel
safety issue. Workers who get too hot could experience dizziness, fainting or appropriately supported in the work- coming to the UK from the Arctic or
even heat cramps. In very hot conditions, a person’s blood temperature place, Farmer says there are a num- Russia. Similarly, the UK has heat-
rises, and if it exceeds 39°C, there is a risk of heat stroke or collapse. ber of potential claims that could be waves, as we saw last summer when
Delirium or confusion may occur above 41°C, and blood temperatures at brought in an employment tribunal, temperatures hit 40.3°C, a new
this level can prove fatal. including a claim for constructive
But even on the lower end of hot temperatures, as the 2015 survey noted, dismissal. This occurs when, as she record.But whether as a result of
heat leads to a loss of concentration and increased tiredness, which means outlines, “an employee resigns in global warming or general cyclical
workers are more likely to put themselves and others at risk. Working in the response to conduct by their changes, we are indeed seeing more
sun also increases the risk of skin cancer. Therefore, as Farmer highlights, employer that they believe amounts extreme weather in the UK, and this
“employers have a duty of care to ensure no one works in unsafe or to a repudiatory breach of contract”.
unhealthy conditions, including cold weather”. Stevens looks at the problem from may lead to employees feeling una-
Stevens thinks the same and says employers should also be aware of the another angle and refers to section ble, or possibly even unwilling, to go
effects of heat stress on employees and “look to reduce the risks where possi- 44 of the Employment Rights Act to work. Practically speaking,
ble by removing or reducing sources of heat”. He cites various practical steps 1996. This gives employees and employers will need to address a
suggested by the HSE that include controlling the temperature, providing workers the means to contest the
mechanical aids, preventing dehydration, providing PPE, training, acclima- adequacy and/or suitability of safety number of issues that arise here. This
tisation, identifying those at risk, and monitoring health. arrangements without fear of recrim- is why both Farmer and Stevens say
Beyond that come workplace risk assessments to assess the effects of tem- inations such as getting sacked or that employers should have a strategy
perature on workers. So, where an employer identifies a particular hazard transferred, or suffering detriment, in place to deal with the effects of a
with the temperature – for example, an upcoming heatwave or cold spell – including the loss of wages. reduced workforce on a bad weather
Farmer says “employers should consider how this can best be managed in It also means workers don’t have to
the workplace and should discuss proposals with their employees”. wait until they, or someone else, suf- day, as well as the HR and payroll
On top of the risk assessment, Stevens warns employers to be aware of fer injury before they can take action issues that follow on.

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