Rising temperatures: a changing legal landscape for UK businesses

Employment: managing risk in uncertain conditions 

Extreme heat has brought into focus the position employers must take when workplace conditions become difficult.

In practice, many organisations have adapted by introducing temporary measures to tackle the heat.  For example, by adjusting working hours, allowing greater flexibility (including more remote working) and modifying working practices, such as relaxing dress codes and allowing extra breaks, to help staff stay cool.

However, the legal framework remains relatively broad. There is currently no prescribed maximum workplace temperature under UK law, with employers instead being required to comply with their duty to, so far as is reasonably practicable, provide a safe working environment in which conditions are “reasonable”.

As temperatures rise, this creates a degree of uncertainty. Expectations around what is considered “reasonable” may evolve and will also be case-sensitive.  Employers should have regard to employees who are most affected by the heat, such as those who are pregnant, going through the menopause or who suffer from health conditions which may put them at greater risk.  Further adjustments should be considered, and where reasonable, put in place for these individuals.

And what about employees who need to take emergency time-off due to school or nursery closures, or who need to care for vulnerable relatives?  Remember that employees are entitled to take reasonable unpaid time off to provide care in these situations.

For employers, this all places greater emphasis on documented risk assessments, clear internal policies, and consistent decision-making. 

Construction: considering resilience in design and delivery 

The heatwave has also highlighted practical challenges within the construction sector, where working conditions can be directly affected by extreme weather.

In the short term, this may impact site health and safety, productivity, material availability and project timelines. Notably, “exceptionally adverse weather” is an event written into most construction contracts enabling an extension of time claim, albeit in some contract forms without any financial compensation. Additionally, there may be a need, as extreme heat becomes more commonplace, to set temperature benchmarks for such claims within construction contracts.

Over the longer term, it raises broader considerations around the design and construction of buildings. Developments may increasingly need to reflect higher average temperatures, greater demand for cooling and ventilation, and evolving expectations around building performance.

This may, in turn, lead to greater scrutiny of whether buildings are designed and constructed with sufficient regard to future conditions. Design specifications and British Standards may need to be adapted to cater for increasingly hotter weather conditions – from fire retardants to cooling additives to prevent cracking. Even structural design calculations are changing to deal with higher ambient temperatures.

Real estate: shifting expectations and potential areas of dispute 

For property owners and occupiers, prolonged periods of heat can bring practical challenges that may have legal implications.

Cooling and ventilation are already becoming more prominent considerations in commercial property, with occupiers placing increased emphasis on building performance and comfort.

During periods of extreme heat, pressures on energy infrastructure have also become more apparent, placing greater emphasis on energy efficiency and resilience.

Against this backdrop, areas likely to come into sharper focus include the allocation of responsibility for installation and maintenance of HVAC systems in leases, service charge considerations, and the suitability of existing buildings for continued occupation.

As expectations evolve, so too may the scope for disagreement between landlords and tenants, particularly where buildings fall short of modern requirements.

Intellectual property: supporting innovation in response to demand 

Alongside these challenges, changing environmental conditions are also driving innovation in minimising the effects and extent of changing conditions.

There is increasing interest in energy-efficient cooling solutions, materials and designs for warmer climates, and technologies that support reduced energy consumption. For the right technology, Greenwoods use the UK Intellectual Property Office’s “Green Channel” program to provide early feedback to innovators having inventions with environmental benefits.

Where new ideas are developed, the protection of intellectual property will be an important consideration in securing and maintaining competitive advantage.

Looking ahead 

None of this is going away. The smart move now is for businesses to review their policies, check whether their property and infrastructure can cope, and make sure contracts reflect a climate that’s no longer as predictable as it used to be; and if the heat forces innovation, check whether your ideas can be protected. 

The heat has passed, but the questions it raised haven’t. If any of this feels relevant to your business, talk to us before the next heatwave forces the conversation.