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You can stop working from home if it’s too hot – your rights explained

WORKERS can down tools if it's too hot to safely do their jobs - and that includes if they're working from home.

According to an employment lawyer; workers have the same rights at home as they do in the office, and this includes ensuring working temperatures are "reasonable".

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Workers can refuse to work if it's too hot at homeCredit: Getty Images - Getty

It comes as the UK basks in a heatwave this week, with the mercury today hitting highs of 32C - the fourth day running it's risen above 30C.

So what can you do if you're overheating in the office or at home? We explain your rights.

When is it too hot to work?

Technically, there's no set definition for how high or low the temperature should be - it just has to be "reasonable," according to the Workplace (Health, Safety and Welfare) Regulations 1992.

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He said: “The fact that many employees are still working from home does not mean that employers can suddenly forget their health and safety responsibilities.

"All the usual rules apply, including the need to risk assess homes as suitable working environments."

He added: “In the workplace, employers usually rely on air conditioning and ventilation to regulate temperatures.

"However, at home many employees may not have this option and their only means of keeping cool will be to open windows.

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“Ultimately, employee safety should always be an employer’s top priority and they cannot force staff to work if temperature and noise levels prohibit them from doing so."

Mr Hibbs points out that open windows may cause disruption making it impractical to make phone or video calls, while also posing a confidentiality risk depending on how close your neighbours or passers-by are.

What should I do if it's too hot to work?

The first thing you should do is raise it with your employer if you're too hot to work.

They should work with you to establish ways of staying cool. This can include carrying out a risk assessment.

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If your employer isn't helping; try talking to your union or other workplace representative.

See the box above for action both employees and employers could consider taking in hot weather.

Michael Newman, partner at Leigh Day solicitors, says employees may struggle to bring an employment claim due to their work place being too hot.

But he says you would have a claim if you've been unfairly dismissed after refusing to work due to unsafe conditions, or if you've had pay docked as a result.

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Can my employer make me come back to the office?

Mr Newman says if it's too hot to work at home one of the actions your employer could take to resolve this is to ask you to come into the office.

But if they do, they still have to ensure your workplace meets coronavirus guidelines, such as ensuring staff can effectively social distance, and installing one-way systems and hand sanitiser stations.

He said: "In this weather, working from home can be dangerous - and death rates can rise in hot weather.  

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"Employers have an obligation to provide a safe place to work though, and this could include asking you to come back into the office."

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In related news, we look at whether you have to go back to the office if you're worried about coronavirus.

Plus, we look at workers' rights if schools or nurseries stay closed.

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