In this week's topic of the week article, Alison Clements of Lewis Silkin LLP answers some frequently asked questions on summer issues affecting employers.
These include whether or not employers have the right to insist that employees comply with workplace dress codes during hot weather and how employers should deal with employees who threaten to go home because they consider the temperature in the workplace is too high.
Previous articles in this topic of the week series
Summer issues: overview By controlling workplace temperatures and being flexible about dress codes and working hours, employers can go some way towards reducing the negative impact of hot weather on their business.
Summer issues: case study This case study looks at how employers should deal with an employee's unexpected absence that coincides with a major sporting event.
Summer issues: checklist Suggestions on how to minimise the disruption to business caused by hot weather are included in this checklist for employers.
More from XpertHR on summer issues and related topics
XpertHR subscribers have access to a wealth of material on summer issues and related topics - ranging from FAQs on maximum temperature to policies and documents on dress codes and annual leave. We pick out just some of the information available on the subject.
Workplace temperature
Rising outdoor temperature will inevitably impact on workplace temperature. The temperature in workplaces inside buildings must be reasonable, according to the Workplace (Health, Safety and Welfare) Regulations 1992 (SI 1992/3004). However, there is no statutory maximum temperature, as XpertHR's FAQ Is there a maximum workplace temperature beyond which employees cannot be expected to work? explains.
Dress codes and personal hygiene
Employers can alleviate the effects of high workplace temperatures by being flexible about dress codes. However, warm weather can lead to employees adopting an over-relaxed attitude to dress standards, whether or not their employer has announced a temporary relaxation of its code. Use XpertHR's Dress and appearance policy in the policies and documents section to set the rules on employees' appearance and dress when on business.
Where an employee is unable to comply with the dress code, due to a medical condition that is aggravated by warm weather, employers should take steps to accommodate him or her, particularly where the condition amounts to a disability. See the Disability discrimination section of the XpertHR employment law manual and How to comply with the law on disability discrimination for details of the rights of employees with a disability.
Hot workplaces can give rise to, or exacerbate, personal hygiene problems. Use How to deal with an employee who has a personal hygiene issue for help with dealing with this difficult problem.
Holiday requests
Employers may notice an increase in last-minute holiday requests during warm weather, as employees seek to enjoy the weather while it lasts. However, employees are not automatically entitled to take holiday as and when they choose. XpertHR has a number of FAQs on holiday rights, including:
XpertHR's Holiday request form and Letter declining holiday request in the policies and documents section can be used to help ensure that holiday requests are dealt with consistently.
Absenteeism
Warm weather can trigger an increase in absenteeism, as employees take unauthorised time off to enjoy it or watch sporting events. There are a number of resources on XpertHR that can help to deal with increased absenteeism. The Good practice guide on attendance management explains the issues and offers methods of dealing with them, while research reported in IRS Employment Review (How employers train line managers in absence management) reveals that training line managers in absence management pays dividends.
Dealing with disciplinary situations arising out of summer issues
Summer issues can lead to a number of disciplinary problems for employers. For example some employees may flout the dress code without a good reason or take unauthorised absence. Use our model policies and documents on disciplinary procedures to help ensure legal compliance when addressing disciplinary issues. For example:
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