If we move on to our workplace temperatures, we do have a question in on it already. So we've got someone who's been asked to provide sunscreen for employees. I suppose that really goes down to where do you work? If you're in the office, probably not a great argument to be had, but if you're on a building site, possibly.

Seamus: Well, that's it. The basics around workplace temperatures, the applicable legislation is the Workplace (Health, Safety and Welfare) Regulations (Northern Ireland) 1993. And they deal with regulations for indoor temperatures and for working inside buildings.

In relation to outdoor working, there isn't coverage within those regulations for outdoor working. But obviously, employers need to be cautious and careful about employees that are working outdoors and in the same way that you would provide health and safety equipment in relation to carrying out your job.

I don't think that the provision of providing sun cream is an onerous task for an employer. And I would say possibly that it would fall down within the reasonable health and safety aspects, particularly in relation to somebody being exposed outside to sun, maybe damage to their skin or conditions that can arise. The dreaded prickly heat rash one that I recall having one year.

But certainly, if you're right and this is a part of your role in relation to outdoor working, whether there are protective hats that are provided in relation to taking sun off the top of the head, to sunscreen, it would be the same way of assisting those employees.

And ultimately, if someone took a nasty reaction to the sun or had some burns on their skin, or ended up with some sort of skin cancer, there's the potential liability that the employer could be liable for that. So, in short, I think that it would probably be deemed as a reasonable request.

And most reasonable people, as well, if they're working outdoors, will apply some cream before they leave the house. But I would say that that's probably a reasonable enough request if they're working outdoors in high temperatures for a lengthy period of time.

Christine: Are there actually any laws around workplace temperatures? I always hear people saying, "Oh, there's this law that if it hits 30, you have to be sent home", and stuff. And I don't know where people are getting this from. It's not a thing, is it?

Seamus: No, it's not. There's no legal standard test for a maximum working temperature where the temperature increases to a point you can no longer work there.

Now, saying that, employers do have to look after the health and safety of their employees, but there isn't the specific guidance that says that if it gets to a certain temperature, we can all go home. That's not in place.

Under the regulations, there's guidance, and the guidance does say that ideally temperatures in the workplace should normally be at 16 degrees, unless the work has a physicality to it. If there's a physical effort that's needed, then it's 13 degrees.

The regulations do provide that a thermometer should be available in the workplace for employees to check the temperature. So that is another aspect of it.

But essentially, the guidance, and I looked at our local government guidance on it, said that employers should try to ensure that the temperature is pleasant, not too hot or cold, and try to ensure that the atmosphere is dry rather than damp or humid.

And there's this idea of reasonable comfort. Now, again, Christine, everybody's reasonable comfort level is going to be different.

Christine:  Yeah. I would be freezing at 16 degrees, I must say. I would have three jumpers on.

Seamus: It will just depend. And it is that old issue of A and B having the fight over putting the air conditioning on and off in the office, or closing up the window. It's all of that kind of smaller issues that arise, and then they increase and grow and create real difficulties and problems.

But you do need to look out for things. If there's extreme heat and you're looking at employees, if they're uncomfortable, if there's dehydration, exhaustion, that can harm, obviously, productivity and it has an impact on absenteeism as well.

There’s a couple of other things to watch out for as well, particularly if you have vulnerable employees or workers.  Another one is any pregnant women or anybody with health conditions; working in extreme heat is not suitable, and you might need to make reasonable adjustments in those circumstances.

But there’s a couple of things, guidance wise, that might be helpful.  Air conditions or those air conditioning units, we have … we’re a bad example.  I have air conditioning on my floor because I work on the top floor of the building, where the board room is.  But the other floors don’t.  They have a cool air system, which isn’t as effective, and we’ve had to bring in those units at times as well, when it has been warm.

But increasing the number of open windows, providing staff with fans, installing blinds on windows so they can cut off direct sunlight, put work stations away from direct sunlight.  Some of the other aspects are job rotation, cutting down on the number of people in the office, changing working hours temporarily.  A good one is always to relax your uniform policy and your formal dress policy.  Certainly I’ve been in courts and tribunals where ther’es been a request made to the judge if you can take your jacket off or for counsel to remove their wig and their gown because it’s been too warm, and those sort of requests, if they’re made, should be facilitated, just in relation to good staff morale.  And also then the option of working from home for people, if they are more comfortable at home.  Maybe they can wear less clothing at home and be cooler; that might be something that would work for them.

But it is about essentially looking after the health and safety of your staff.  But there isn’t a maximum temperature.  There’s isn’t a point where you can say,” There, we’ve hit 30 degrees on the thermometer; we’re all out!”  And there are those steps that employers can take.  A really good one is making sure there is cold drinking water, and I know a lot of employers will do things like they’ll arrange for the ice-cream van to come down.

Christine:  Nothing wrong with that!

Seamus: Or they’ll bring in lollipops and things like that as well, and I know employers that have said and have offered the aspect of “We’ll take a half day today,” or “It’s a warm week.  When we get to Friday, we’re going to close two hours early.”  Things like that that employees appreciate, and it keeps morale up.

Christine:  So what would be your takeaways on the temperatures point, Seamus?

Seamus: One of the main things is be aware and listen to staff.  If staff are saying that they’re finding it too warm, do try and find ways to cool the workplace, whether it’s in an office, whether it’s in a factory; whatever it is, do try and work around that, and if you’re into this aspect of extreme heat and heat waves and things like that, it might be maybe looking at rotas and facilitating working from home or allowing people to come in earlier in the day when it’s cooler.  Some people work with equipment that is very hot and creates a lot of heat, and probably in those circumstances, you probably are at the point of looking to bring in some form of air conditioning units and things like that.  But I think open communication with the staff, make them aware of the steps that are being taken in order to try to help them, and certainly the other aspect is just watch out for anybody with a medical condition or pregnant employees or where they’re vulnerable and make sure that they’re protected from a health and safety point of view.