Heatwaves test employers’ duty of care as workplace temperatures rise 

Employers are being urged to take a more proactive approach to protecting their workforces’ health during periods of extreme heat, as legal experts warn that high temperatures can create both wellbeing risks and potential liabilities. 

The warning comes as parts of the UK experience increasingly frequent seasonal heatwaves, placing additional pressure on employers to consider how working conditions affect employee health, safety and performance. 

Natalie Peacock, employment lawyer at Rogers & Norton, said many organisations still underestimate the impact that excessive heat can have on employees. 

“As heatwaves become more frequent in the UK, workplaces which are not equipped to deal with extreme heat can result in a number of issues which employers must address. Heatwaves don’t just affect the workforce’s comfort. If staff are overheating, performance and attendance can decline,” she said. 

While there is no legal maximum workplace temperature in the UK, Peacock said employers remain responsible for managing foreseeable risks to employee health and safety. 

“Although employers are not obliged to install air conditioning, the law requires employers to take reasonable steps to ensure the workplace is safe,” she added. 

“As an employment lawyer, I see the fallout from employers who fail to understand their duties when extreme heat creates safety concerns in the workplace. Heat is a foreseeable risk which employers are expected to manage. Failing to manage the risk can amount to a breach of the Health and Safety at Work Act.” 

The comments highlight a growing workplace health challenge as organisations contend with rising temperatures across offices, warehouses, manufacturing sites and outdoor working environments. 

Heat exposure can contribute to dehydration, fatigue, reduced concentration and lower productivity, while some workers may face greater risks because of existing health conditions. 

Peacock said employers should assess the impact of hot weather on their workforce and implement practical measures to reduce risk. 

“Employers must consider carrying out risk assessments regarding hot weather and its impact on their workforce. They should consider ensuring breaks are taken and providing facilities for their workforce to stay hydrated. They should also consider workplace ventilation and providing shelter/shade for outdoor workers. Some employers I have dealt with also consider providing their workforce with free suncream and fans.” 

The advice aligns with a broader shift towards viewing environmental conditions as an important part of workplace wellbeing, particularly as organisations increasingly focus on preventing ill health rather than simply responding to it. 

Flexible working may also form part of an employer’s response during periods of extreme heat. 

“To reduce the impact of extreme heat on their workforce, employers may consider making simple, temporary adjustments, such as flexible hours for working during cooler parts of the day or agreeing to requests for working from home,” Peacock said. 

“Duties to protect staff continue even when working from home. Employers should carry out homeworking risk assessments and may consider providing fans for their employees’ homes.” 

She also warned that employers may need to consider additional support for workers whose medical conditions are aggravated by hot weather. 

“Extreme heat can cause health issues that the employer may be liable for if they have not taken reasonable steps to prevent exposure to the heat. Employees with medical conditions aggravated by heat may require reasonable adjustments, leaving employers at risk of claims for disability discrimination. 

“Ultimately, while employers cannot control the weather, there are steps they can take to protect their workforce, which not only improves comfort but helps sustain performance during a heatwave.” 

As summer temperatures continue to climb, the issue is likely to become an increasingly important consideration for employers seeking to balance employee wellbeing, productivity and legal compliance.