What are my rights at work during cold weather?

Working conditions should be kept at a ‘reasonable’ temperature, according to the  Workplace (Health and Safety Welfare) Regulations 1992. But this can vary depending on the type of work you do.

The Approved Code of PracticeOpens in a new window published by The Health and Safety Executive (HSE) suggests that workplaces should be heated to at least 16°C.  If the temperature is cold enough to affect the plumbing at your workplace it could mean that you shouldn’t be at work.

The HSE say that workplaces should have toilets and hand basins, with soap and towels or a hand-dryer and drinking water available for employee use. If frozen pipes mean that your workplace is without running water, you could be asked to go home.

If your job involves rigorous physical activity, the Approved Code of Practice recommendation is a minimum temperature of 13°C.

If your work takes place outdoors, then there’s no minimum temperature guidelines. However, your employer should manage the risks associated with working outside where possible. This could involve more frequent breaks during very hot or very cold weather, providing hot drinks and making sure you have adequate clothing and personal protective equipment.

The most important thing to do when your workplace temperature is too cold is to talk to your employer. It’s part of their duty of care to make adjustments to keep the temperature at your place of work to a reasonably comfortable level.

The minimum temperature that must be maintained in classrooms has been set by the Education School Premises Regulations 1999.

The regulations state that the heating systems in schools must be capable of heating the classrooms up to a minimum of 18°C and that the temperature must be maintained while the room is in use. In areas of high activity like the gym, the temperature should be at least 15°C.

The headteacher should also consider whether it would be safe for children to get into school, or if enough staff will be able to come in to supervise.

If your child’s school is closed due to cold weather, they should give you notice directly, or through the local press.

Your employer can ask you to take annual leave if you’re unable to come in due to bad weather. However, they will need to give you enough notice, which must be at least double the amount of time they are requiring you to take off. So, if they ask you to take one day’s leave, they should ask you to do so two days in advance.

If your workplace offers flexible working, they can ask you to work from home or make up time later if you can’t get in. If your contract doesn’t include flexible working, employers can’t insist on this.

Your employer can’t force you to make a journey that’s unsafe. Tell your manager you’re worried about travelling in so they can explain your options.

If your place of work is closed because of the snow and you don’t usually work from home then your employer shouldn’t deduct any pay from you according to GOV.UK (Opens in a new window)Opens in a new window But, they might require you to work from home or from a different location to usual.

If you can’t get into work but your workplace is open, it could be marked down as unpaid leave.

If you need to stay at home because your childcare arrangements have fallen through, then you are entitled to take dependant leave. This is usually unpaid unless it says otherwise in your contract. You should let your work know as soon as you find out that the school or nursery is closed.

First published: 01 February 2019