Consumer rights expert Martyn James explains if there is a specific temperature that needs to be reached in order for you to stop working during a heatwave
One of the great “joys” of living in the UK is our ever-changing weather! As I write this week’s column I’m slowly cooking in my own sweat in my un-air conditioned flat on the hottest day of the year. Yet by the time you read this it’ll probably be raining!
The protracted heatwave we’ve recently experienced is likely to be replicated in the coming months according to meteorologists. The future is looking distinctly hotter too. So what are your rights if you have to work when the weather is very hot? And how will you get on with your life? Here’s my guide.
Do I have to work?
If you work in an air-conditioned office, your main concern in hot weather is simply getting there and back home again. However, countless jobs involve working in hot environments, both inside and outside. So what are your rights if you are one of the millions of people affected?
While there isn’t a specific temperature at which point it is considered to be officially too hot to work, there are a range of rules around health and safety that employers must follow. You can find out about these rules and what the law says about them Health and Safety Executive (HSE) website. There field minimum temperatures when it’s considered too cold to work, however, so keep this article handy for when winter rolls around!
The law says that the employer must ensure thatthe temperature in all workplaces inside buildings shall be reasonable.‘ Now what constitutes ‘reasonable’ is always open for debate!
Don’t wait for your employer to set those parameters. If you feel that the temperature at work is too hot or cold – indoor or out – then your employer should conduct a risk assessment if enough people raise concerns.
Many people work outside for a living, or in hot environments, like manufacturing for example, or in the catering industry. Others, like NHS staff, have to wear protective clothing. If you fall into these categories, the HSE rules list a number of measures that your employer must follow, like ensuring staff are rotated throughout the day, giving regular breaks, providing water and even delaying work if it’s not safe.
If you are office-based, you might want to break out the shorts. However, there are no definitive rules around the dress code or uniforms, although many of the businesses will relax dress codes. However, if your role is ‘public facing’ chances are you won’t be able to shake the formal attire, although provisions must be made to ensure you are comfortable.
How about getting to work?
If you commute by train, then you may find your journey affected by hot weather. We’ve seen rails buckling in the past and trains packing in. When this happens, if you’ve paid for advance tickets or passes you should be able to get a refund. The process for this varies from train company to train company, but all have advice and their processes on their websites.
If your train is canceled then the train operator may allow you to use your ticket on other services instead. Looking at the T&Cs on some train websites, they say they will only pay out if you can’t travel or are delayed when taking these alternative services. Let’s face it: it may simply not be possible to get on those alternative services – usually there’s a warning reminding people not to travel anyway – so make a formal complaint if your refund gets refused because you didn’t squish yourself on to another train.
You should be able to claim a partial refund for season or flexi-season tickets where you cannot travel. This will be calculated pro-rata and it’s very complicated indeed. You can start the process through the train operator website – although you may have to pay an administration fee.
If you are taking a national coach or bus using a prepaid ticket, check to see if the vehicle has air conditioning. You may be able to get a refund if it doesn’t. However, ‘traditional’ buses can be like movable saunas in this weather. You may want to defer traveling if that’s your only option.
Is it safe to drive?
Motoring organizations advise against driving as temperatures rise above 30C if you don’t have air conditioning. You’ll need to have ample supplies of water too and you may want to bring some rehydration powder or tablets if you are on a long journey. I’d pack a fan too.
It’s only happened once in the UK, but if temperatures hit 40C, the advice is not to travel. That’s because our infrastructure simply isn’t up to the task of dealing with such unusual conditions. Excessively hot or melting roads, tire blowouts and overheating engines are likely to have a major impact on road travel. Realistically, don’t travel until temperatures have returned to normal levels for this time of year.
When it gets really hot, check with your roadside assistance insurer if you are covered for problems arising with your car overheating during the heatwave. It’s not clear from many contracts if this is covered by the policies or if you’d have to pay if you break down.
What about canceled events?
From major sports events to gigs and festivals, extreme hot weather can result in things being canceled if it’s too dangerous for them to go ahead.
The good news is that you are entitled to a full refund when this happens, or your ticket will be transferred to a rescheduled date. If you can’t attend this date then you’ll be allowed to have a full refund too.
If the event hasn’t been canceled but you don’t want to go because it’s too hot, then check out the official resale options on the ticketing company’s website. If you can’t sell the ticket, see if you transfer it to a friend or family member instead.
If you are going to an event where you will be exposed to the sun for a while, plan everything. Carry manual fans, loose fitting clothes, sun cream and hats. I’d bring a big empty bottle for water too. You may find full bottles get taken off you (take a few smaller ones instead of that’s the case. But most big events have water stations now where you can fill up for free. Try not to drink too much alcohol too.
Stay safe at home
We don’t really have air conditioning at our homes in the UK, so summer can be a bit of a nightmare if there’s a heatwave. There’s lots of advice on how to deal with hot weather on the NHS website.
If you are using fans, then bear in mind the cheaper options recommend unplugging them when not in use. If you are buying a fan, look for ones with timer options if you are planning to use them at night or for long periods. It’s not that expensive to run a fan, but you should always be careful with devices that use electricity that are left on for prolonged periods.
If you’ve purchased a new item and it’s not working because of possible exposure to the heat then you have 30 days from the date of purchase to return the item and get a full refund. That’s for any items that are broken, misrepresented or don’t do what they are supposed to be doing. You also have six months from the date of purchase to return an item for the same reasons, but after the 30 days you must give the retailer one shot at repairing or replacing the item, then they have to refund you.
- Martyn James is a leading consumer rights campaigner, TV and radio broadcaster and journalist
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