Stay ahead of the curve with our exclusive Q&A series, brought to you by leading law firm, Arthur Cox, LLP, designed to answer your most pressing legal questions. These expert insights provide clear guidance to ensure your HR practices remain compliant and protect your organisation.  

This month's question:

During a heatwave, is there a maximum legal office temperature and can employees refuse to work if the office is too hot?

Employees in Northern Ireland do not automatically have the right to stop working simply because the office is too hot. Despite there currently being no legal limit temperature for workplaces, employers are required by law to offer a safe workplace under health and safety regulations. Specifically, Article 68 of the Employment Rights (Northern Ireland) Order 1996 provides workers with the right to withdraw from and refuse to return to a workplace that is unsafe and the right not to be subjected to a detriment from doing so. Employers should ensure that steps are taken to manage the risks in relation to temperature within the office including providing fans and/or air conditioning where available.

Employees may be legally protected if they refuse to return to work where they reasonably believe there is a serious and imminent danger to their health and safety, such as a genuine risk of fainting or heat stroke. Employers should also ensure that vulnerable workers, including pregnant employees and those with disabilities or underlying health conditions as extreme heat are protected and considered as the heat may have a disproportionate impact on them. There is a duty on an employer who know, or ought reasonably to know, of an employee’s disability to make reasonable adjustments under the Disability Discrimination Act 1995 by taking proactive steps, particularly when extreme heat is predicted.