Too cold to work: how cold is too cold to work, temperature, laws - employer responsibilities explained

During the summer, many asked if it can be too hot to work, but can you refuse to work if it’s too cold, and what rights do workers have in extreme temperatures? Here is everything you need to know.

How cold does it have to be to not work?

In the UK, there is no specific legal requirement for employers to send employees home based on a particular temperature threshold, and no specific law stating what temperature it should be for it to be deemed too cold to work.

However, the Workplace (Health and Safety Welfare) Regulations 1992 state that working conditions must be kept at a reasonable temperature, though what is deemed a "reasonable temperature" depending on the type of work you do and whether you are based outside or in an office capacity.

For example, the Approved Code of Practice states that any sedentary workplace - i.e. office environments such as call centres, offices and public reception areas - should be heated to a minimum temperature of at least 16 degrees.

Temperatures can go as low as 13 degrees if you work inside but your job involves manual labour. Examples of this would include warehouse work.

All of these workplaces are expected to have toilets and hand basins, with soap and towels or a hand dryer. Drinking water also has to be available for employees.

Do employers have to worry about the cold?

While the above is a generally agreed upon set of guidelines, it is not legally binding, and employers have a duty of care during extreme weather conditions, rather than a legal obligation.

Legislation like the Health and Safety at Work Act 1974 places a general duty on employers to ensure the health, safety, and welfare of their employees. This includes providing a safe working environment, which may involve considerations for extreme weather conditions.

The Management of Health and Safety at Work Regulations 1999 further requires employers to conduct risk assessments to identify and address potential hazards in the workplace.

In the context of cold weather, employers should assess the risk of exposure to low temperatures and implement measures to mitigate any adverse effects on employees' health.

In practical terms, many workplaces in the UK adopt guidelines from organisations such as the Health and Safety Executive (HSE) to determine appropriate actions during extreme weather conditions.

The HSE suggests that employers should take measures to control the risks associated with cold weather, such as providing suitable clothing, adjusting work schedules, and considering additional breaks in warm areas.

Jonathan White of National Accident Helpline, says: "“Unfortunately, there are no laws which specifically state that workers can stop working if the temperature gets too hot or cold."

“However, every employer has a responsibility to maintain a safe working environment and must protect the wellbeing of their employees under UK law. This legal obligation is otherwise known as duty of care.

"If an employer neglects their responsibility, and this results in someone falling unwell or being injured, that person may be able to claim compensation.”

White states that employers have a responsibility to safeguard their workers’ wellbeing. This applies even when they are working from home. If staff become ill from the cold, especially those who are vulnerable or with underlying health conditions, employers could find themselves facing legal action.

White said: “Employers are expected to do whatever is ‘reasonably practicable’ to safeguard their workers’ wellbeing, and they must provide a safe environment where staff are not at risk of falling ill from the cold. The principle applies to all employees, even those working from home."