legal updates
Wednesday, 22 Dec 2010
Low temperatures in the office
Employers are under siege. Since the cold snap hit, some staff have been complaining that it is too cold in their workplaces whilst others, as soon as the thermostat is turned up, are complaining that it is too hot. The endless temperature wars are causing many of you to throw your hands up in despair and ask what you can do to restore the season of goodwill to all men (and women) at work.
Under health and safety legislation, you have to ensure the health, safety and welfare of your employees at work as far as is reasonably practicable. Regulation 7 of the Workplace (Heath, Safety and Welfare) Regulations 1992 deals specifically with working environments which states “during working hours, the temperature in all workplaces inside buildings shall be reasonable”. What is “reasonable” depends on, for example, the type of workplace and the type of work – a temperature that is reasonable for a desk job in an office will not be the same as moving stock in a warehouse.
The Health and Safety Executive provides guidance on the Regulations which recommends a minimum temperature of 16°C for workplaces where the activity is mainly inactive and 13°C for those where much of the work involves physical effort. Employees can find out what the temperature actually is by means of the “sufficient number” of thermometers in a work place they are required to provide.
Sadly, it’s impossible to please all of the people all of the time, but you can look at practical solutions to help matter such as allowing employees to dress for comfort (although the need for suitable or professional attire should be stressed) or providing portable heaters.
It’s important to always consider the complaining employee’s circumstances before dismissing their genuine concerns as irritating gripes. As far as employment law applies, if a disabled employee is put at a substantial disadvantage by the cold temperature compared with his or her non-disabled colleagues, you have a duty to make reasonable adjustments to help alleviate the adverse effect. For example, thought needs to be given to what could be done to alleviate the symptoms caused by the cold weather for someone suffering from rheumatoid arthritis.
Finally, spare a thought for those working outside in the harsh winter weather conditions, and remember that the weather is a hazard that should be treated with as much caution and respect as any other potentially fatal work environment. A careful approach to any disciplinary action or dismissal for those who refuse to attend work is essential, because an employee potentially has the right to complain to an Employment Tribunal that he or she has been “subjected to a detriment” if he or she reasonably believed the temperature in the workplace posed a “serious and imminent” danger to their safety and did not report for work as a result.