As we approach winter and temperatures are starting to drop across the UK it’s good for employers and employees to know the law and health and safety advice for working in adverse conditions.

Office brokers Click Offices have put together a list of cold weather working myths, confirming or debunking these to inform workers of their rights.

Take a look:

1. Workplaces should provide uniform for cold weather – True

Employers are mandated by legislation to supply suitable personal protective equipment (PPE) based on the specific working conditions. For businesses, it’s essential to provide proper cold weather gear to ensure employees can perform their tasks efficiently and maintain smooth business operations. For staff working outside in the cold this may include coats, hats, boots and protective eyewear. It is the employer’s responsibility to ensure workplace provided clothing fits properly and the employee has received training for proper use of any PPE.

2. My work can make me pay for weather-protective uniform – False

No, an employer cannot legally make you pay for a weather-protective uniform if it is considered necessary PPE (Personal Protective Equipment) for your job. According to UK law, employers are required to provide suitable PPE free of charge to employees who may be exposed to health or safety risks while at work. This includes protection from cold weather if it is deemed necessary for the job. If you’re being asked to pay for such items, it might be worth discussing this with your employer or seeking advice from a relevant authority or union.

3. You will still be paid if you don’t work due to adverse weather – False

In the UK, there is no statutory obligation for employers to pay employees who cannot get to work due to adverse weather. However, employers may choose to exercise their discretion and pay employees as a gesture of goodwill. It’s important to check your employment contract or company policy, as some employers may have specific arrangements in place for such situations. Conversations between employers and employees around discretionary pay, using holiday entitlement and working from home where possible can help mitigate financial losses from being unable to attend work.

4. I still have to drive in bad weather if my job requires it – True (to an extent)

Yes, if your job requires it, you may still need to drive in bad weather. However, your employer has a duty of care to ensure your safety so there is a tipping point where certain weather crosses over into becoming unsafe to drive in. It is never recommended to drive in unsafe conditions, whether it means making it to your shift or not. Workplaces should conduct a risk assessment and take reasonable measures to mitigate any risks associated with adverse weather conditions. This might include providing appropriate PPE, allowing flexible working hours, or even the option to work from home if possible. It’s important to communicate with your employer if you feel unsafe driving in bad weather. They should take your concerns seriously and work with you to find a safe solution.

5. There is a legal temperature when it is too cold to work – False

In the UK, there isn’t a specific legal temperature that’s considered too cold to work. However, the Workplace (Health, Safety and Welfare) Regulations suggest that the minimum temperature for indoor workplaces should normally be at least 16°C (or 13°C if employees are doing physical work). Employers have a duty of care to ensure that working conditions are reasonable and safe but the exact temperature will depend on the role itself and location of work.

6. I can request flexible working arrangements if my child’s school is closed due to the weather – True

Yes, in the UK, you can request flexible working arrangements if your child’s school is closed due to adverse weather. Under the statutory right to request flexible working, employees with children under 17 (or under 18 if the child is disabled) can apply for flexible working to care for their child.

This includes situations where the school is closed due to bad weather. Both the employer and employee should make an effort to reach a reasonable arrangement in the event the employee needs to prioritise childcare arrangements at late notice. This can include adapting working hours, changing days of work or allowing leave to be used to take further time off for parental responsibilities.

7. Ignoring women’s and men’s different temperature requests could be discriminatory – True

Yes, ignoring women’s and men’s different temperature requests could be considered discriminatory in the UK. Employers have a duty to provide a reasonable working temperature and ensure the comfort and safety of all employees. This includes considering individual needs and preferences, which may vary between genders. Failing to address these differences could lead to claims of indirect discrimination under the Equality Act 2010.

Men’s higher proportion of body mass means they produce more heat involuntarily, making them less susceptible to feeling cold compared to women. A 2015 study found that women are typically more comfortable at a temperature that is 2.5ºC warmer than men, preferring a range between 24-25ºC versus mens range of 21.5-22.5ºC. When you additionally factor in DEI protective factors such as menopause and pregnancy, a case can be made for discrimination if women are subjected to lower temperatures to suit the preference of male staff. If you have a health condition that is more affected by cold temperatures, you should make this known to your workplace and discuss adjustments for your safety.

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