As temperatures soar across the UK, many workers may find their offices uncomfortably warm and stuffy. While the law doesn’t set a maximum workplace temperature, it does require employers to maintain a “reasonable” working environment. So, what happens when the heat becomes too much? Can you insist on working from home?
Health and safety regulations say your employer must ensure your working conditions are reasonable, including when it comes to temperature. There’s no set upper limit, but the key word is “reasonable.” In a heatwave, especially where there’s no air conditioning or adequate ventilation, the conditions may well tip into unreasonable.
If you’re finding it hard to concentrate or even feeling unwell due to the heat, it’s worth raising the issue with your employer. In some cases, especially if your job can be done remotely, working from home may be a practical solution. This can be particularly important if you are pregnant or experiencing menopause symptoms, both of which can make high temperatures more difficult to tolerate.
When working from home becomes a right
While most employees can’t insist on working from home, there are circumstances where you may have a stronger case. The most significant of these are when you have a disability.
Under the Equality Act 2010, your employer has a duty to make reasonable adjustments if you have a disability. If a health condition is made worse by commuting, sensory overload in the office, or environmental factors like temperature, then home working may be a necessary adjustment. For example, a person with mobility issues may face barriers with public transport while a person with chronic fatigue syndrome may find that commuting exhausts their limited energy.
If the adjustment is reasonable and would help you do your job, your employer is legally obliged to consider it.
What about neurodiverse employees?
If you are autistic, have ADHD, or another form of neurodiversity, the office environment can be particularly challenging. Noise, visual distractions, and social demands can all impact focus and wellbeing. Working from home, at least part of the time, can allow you to create a quieter, more controlled environment which will better suit how your brain works.
Symptoms associated with ADHD, for example, may include insomnia, heightened distractibility, or difficulty regulating energy levels. If these make a traditional office setup difficult, you could argue that remote working is a reasonable adjustment under the Equality Act.
What about menopausal and pregnant employees?
Although menopause isn’t = a protected characteristic in its own right, you may still be protected under disability, sex, or age discrimination law. If symptoms, such as hot flushes, fatique and brain fog are severe, they may meet the legal threshold for disability. In such cases, reasonable adjustments, including home working, may be appropriate.
Similarly, if you’re pregnant and struggling with heat or commuting, your employer has a duty to protect your health and safety. If conditions in the office are unbearable and impact your wellbeing, home working should be considered.
Even if you don’t have a disability or health issue, you still have the right to request flexible working. This includes asking to work from home, either permanently or on certain days. You might request remote work because you care for children or elderly relatives, or simply because you find it improves your productivity. It’s not a guaranteed right, but your employer should have a formal process which you can follow. They must consider the request and respond in a reasonable manner.
Some employees, particularly those hired during or after the COVID-19 pandemic, may have contracts that allow home working. If your contract states that your place of work is your home, or includes a hybrid model, then your employer may struggle to insist on full-time office attendance.
If you think your contract gives you the right to work from home, it’s worth checking the contract and seeking legal advice if needed.
Conclusion
You might not be able to insist on working from home just because it’s hot but in some situations, especially if you’re pregnant, menopausal, disabled or neurodiverse, you could have a strong case. If you’re uncomfortable, talk to your employer about possible adjustments. Document your concerns and, where possible, link your request to health, safety, or productivity.
While your employer might not be legally required to send you home in a heatwave, they are required to take your wellbeing seriously. If home working helps you perform your role safely and effectively, it’s an option that could be well worth exploring.
