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Rules on whether you can be sent home from work or school if it gets too cold

BySpotted UK

Jan 10, 2024

With temperatures on Merseyside plummeting this week to below zero there is guidance as to rules your employer has to follow should it get too cold.

The Met Office predicted the mercury to drop below zero in the North West this week. The forecasting agency said: "Clear skies this evening and overnight and turning cold with a widespread frost developing. Turning somewhat cloudier by the morning with the odd wintry shower over the Pennines. Icy patches. Minimum temperature -4C."

In the grip of the cold snap commutes to work are getting colder and trickier for many – and employers are being warned to act against the wintry weather as the temperatures dip below the freezing mark.

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People in offices may be keeping their eye on the thermostat rather than their screens. But how cold is too cold for work and school We take a look at your legal rights in the workplace for when the weather forecast is Baltic.

How cold is too cold to be in work?

There’s no law for minimum or maximum working temperatures, eg when it’s too cold or too hot to work. However, guidance suggests a minimum of 16C or 13C if employees are doing physical work.

Employers must ensure the thermometer is "reasonable" inside the workplace. According to the Workplace Regulations, the Management of Health and Safety at Work Regulations 1999: " Employers are obliged to assess risks to health and safety – act where necessary (i.e. if the workplace drops below the minimum guideline or if it is felt the temperature is too high)."

In fact, the mercury should fall no lower than 16°C in offices. The associated Approved Code of Practice states that employers should take action if the temperature falls below 16°C.

This can dip to 13°C in workplaces where strenuous activity is carried out, however there is no upper limit when temperatures begin to rise in the summer months. The Workplace (Health, Safety and Welfare) Regulations 1992 state: "During working hours, the temperature in all workplaces inside buildings shall be reasonable."

What are your rights when working in cold weather?

Employees should be afforded regular breaks and the chance to have a hot drink, according to guidelines. In the advice given to handle the cold conditions, employers have been reminded it's their responsibility to provide additional heating should it get too cold.

Bosses should also do what they can to limit exposure and reduce draughts. Employers are also told to offer flexible working patterns or job rotations to help minimise the effects of the cold.

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