Too hot to work: A UK heat crisis

July 1, 2026

Many of us felt the effects of last week’s soaring temperatures. As a reminder of how disruptive extreme weather can be, the Met Office issued yellow, amber and red weather warnings across large parts of the United Kingdom, creating uncomfortable and, in some cases, unsafe working conditions. Although these warnings were only in place for a relatively short period, they highlighted the operational challenges that extreme weather can create for employers.

Unlike some countries, the UK does not have a statutory maximum working temperature. Government guidance suggests a minimum workplace temperature of 16°C for office-based workers and 13°C for those undertaking physical work, but there is no equivalent upper limit. Instead, employers are expected to comply with broader health and safety obligations by maintaining a reasonable working environment and ensuring adequate ventilation and fresh air.

The disruption caused by last week’s heat extended beyond the workplace. More than 1,000 schools across England and Wales reportedly closed early or altered arrangements to protect pupils from the extreme temperatures. Inevitably, this created additional challenges for working parents, many of whom were required to make urgent childcare arrangements at short notice.

The absence of clear statutory temperature thresholds leaves employers operating in something of a grey area during periods of extreme heat or cold. However, the legal risks associated with adverse weather extend far beyond workplace temperature itself and can give rise to a number of employment law considerations.

The legal considerations

Workplace conditions can quickly become uncomfortable or even unsafe during periods of extreme heat. Poor ventilation, inadequate cooling systems and heat-intensive machinery can exacerbate the problem, potentially reducing productivity and increasing employee complaints.

Employers should be particularly mindful of the health risks associated with excessive temperatures, including dehydration, heat exhaustion and heatstroke. Under the Health and Safety at Work etc. Act 1974, employers have a duty, so far as is reasonably practicable, to ensure the health, safety and welfare of their employees. This includes taking reasonable steps to manage risks created by extreme weather conditions. Failure to do so may expose organisations to health and safety concerns, employee grievances and potential legal liability.

Flexible working issues can also arise during periods of severe weather. School closures, transport disruption and caring responsibilities may result in employees making urgent requests to work from home, adjust their hours or take leave at short notice. Employers who respond reasonably and pragmatically are more likely to maintain positive employee relations and workforce morale. Conversely, inflexible approaches can lead to dissatisfaction, grievances and wider employee relations issues.

Another important consideration is the statutory right to time off for dependants. Employees are entitled to take a reasonable amount of unpaid time off where unexpected emergencies involving a dependant arise. This could include unforeseen school closures or emergency childcare arrangements caused by extreme weather.

This right is intended to deal with immediate and unexpected situations rather than ongoing childcare arrangements, and it does not create an entitlement to paid leave. However, employers who unreasonably refuse requests or subject employees to a detriment for exercising this right may face formal grievances and, in some circumstances, Employment Tribunal claims.

Employers should also consider the potential discrimination risks that can arise when implementing blanket workplace requirements during periods of adverse weather.

One of the more obvious risks is indirect sex discrimination. Requirements relating to workplace attendance or rigid working patterns may place employees with childcare responsibilities at a particular disadvantage. As women remain statistically more likely to bear primary childcare responsibilities, policies that appear neutral on their face may disproportionately affect female employees and therefore carry discrimination risks unless objectively justified.

Extreme weather may also have a disproportionate impact on disabled employees. Certain medical conditions, including respiratory illnesses, diabetes and some mental health conditions, can be aggravated by excessive temperatures. Where an employee’s condition amounts to a disability under the Equality Act 2010, employers may be required to make reasonable adjustments.

Depending on the circumstances, reasonable adjustments could include permitting temporary homeworking, adjusting working hours, relocating an employee to a cooler working environment or making other practical accommodations. A failure to make reasonable adjustments could result in claims under the Equality Act 2010, including discrimination arising from disability or a failure to comply with the duty to make reasonable adjustments.

What this means for your organisation

Recent years have demonstrated that extreme weather events are becoming increasingly common operational challenges for employers. The legal issues arising from these events are no longer theoretical and require practical planning to reduce risk and maintain business continuity.

Organisations should review whether their existing policies remain fit for purpose, particularly in relation to flexible working, emergency dependant leave, absence management and health and safety procedures. Policies should align with one another and provide managers with clear guidance on responding to weather-related workplace issues.

Managers should also receive appropriate training to help them deal with last-minute requests arising from school closures, travel disruption and employee health concerns. Understanding the distinction between a flexible working request, a request for time off for dependants, and a request for reasonable adjustments can significantly reduce the risk of legal mistakes and employee relations issues.

Ultimately, extreme weather serves as a reminder that legal obligations, operational needs and employee wellbeing are closely connected. Employers who adopt flexible, practical and well-informed approaches will be better placed to protect their workforce and minimise legal and reputational risk.

How can we help

At Herrington Carmichael, our Employment team can support your organisation by:

  • Reviewing and updating employment policies, including flexible working, emergency dependants’ leave, absence management and adverse weather policies;
  • Auditing health and safety procedures to ensure compliance with workplace welfare obligations during periods of extreme weather;
  • Advising on reasonable adjustments and disability-related workplace issues arising from extreme temperatures;
  • Identifying and mitigating discrimination risks associated with attendance requirements, working arrangements and workplace policies; and
  • Providing manager and HR training on handling weather-related employee requests, grievances and employee relations matters.

Taking proactive steps now can help minimise legal and reputational risk, support employee wellbeing and ensure your organisation remains resilient when extreme weather affects the workplace.

For further information or to discuss this article, please contact us to get in touch with a member of our Employment Team.

Darren Smith
Partner, Employment
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This reflects the law and market position at the date of publication and is written as a general guide. It does not contain definitive legal advice, which should be sought in relation to a specific matter.

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