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Surviving the Summer: Heatwaves, Dress Codes and Holiday Requests

Summer brings three predictable HR headaches every year: how to keep staff comfortable in the heat, what they can wear, and how to manage the inevitable rush of holiday requests. Here is our practical, no-nonsense guide to all three.

Is there a legal maximum temperature for the workplace?

No. Despite what many people believe, there is no legally fixed maximum temperature for a workplace. The Workplace (Health, Safety and Welfare) Regulations 1992 simply require employers to provide a “reasonable” temperature. A fixed maximum would cause real problems for workplaces that are hot by nature, such as foundries or restaurant kitchens.

There is more clarity at the other end of the scale. The Health and Safety Executive’s guidelines set a minimum of 16°C for most workplaces, dropping to 13°C where the work involves rigorous physical activity.

What should employers actually do during a heatwave?

“Reasonable” is the test, and there are clear, practical steps that help you meet it:

  • Make cold water available
  • Give staff breaks to go outside
  • Provide fans or air cooling where necessary
  • Carry out a risk assessment for high temperatures, particularly where staff do physical work, wear uniforms, or where vulnerable workers are present

Getting this right is not just about compliance. A cool, comfortable workplace keeps productivity up too, especially during a heatwave when concentration naturally dips.

Can employers set rules on summer dress codes?

Yes, but with care. Hot weather often raises questions about what is suitable to wear, and dress code policies need careful thought. Restrictive rules that affect men and women differently, for example a policy that excludes employees from wearing shorts, can indirectly disadvantage men over women in high temperatures. That opens the door to indirect sex discrimination claims.

A policy like this can be justified if the employer can show it is a proportionate means of achieving a legitimate aim, such as health and safety, or presenting a professional image in a customer-facing role. The bar is higher for non-customer-facing roles. In a call centre setting, for instance, that kind of restriction is much harder to defend.

How should employers approach dress code policies?

Take the time to draft a dress code policy that is specific to your workplace and its genuine needs. Make sure it does not discriminate on grounds of religion, disability, sex or any other protected characteristic, and consider consulting staff before introducing it. A clear, well-considered policy protects both the business and its people.

Do employees have an automatic right to take holiday whenever they like?

No. The Working Time Regulations give employees a number of holiday rights, but the automatic right to take leave whenever they choose is not one of them. Employers can refuse holiday requests, and can even specify when holiday should be taken, as many factories do with a Christmas shutdown used for maintenance.

There is a notice requirement either way. If an employer wants to specify when leave is taken, they must give notice of at least double the length of the holiday in question.

Do staff get bank holidays off automatically?

Not necessarily. Public holiday dates are set by law, but unless it is written into an employee’s contract, they do not have an automatic right to take these days off.

How should managers handle a flood of holiday requests fairly?

Consistency is everything. Decisions on granting or refusing leave should be fair and consistent, for example based on who asked first. An inconsistent approach risks accusations of favouritism within the team.

If a request needs to be refused, employers should have a genuine business reason for doing so. Refusing requests without good reason can leave a business vulnerable to indirect discrimination claims, including on the grounds of sex or religion. A female employee could, for example, argue that being refused leave at a particular time disadvantages her because of childcare responsibilities.

Religious beliefs also need to be factored in where an employee needs time off for events that are sacred to them, including travel abroad. This does not mean employers cannot impose any restrictions at all. A well-known case involving a London Underground maintenance worker who took five consecutive weeks of leave in Sicily each summer found that he had not attended the number of religious festivals he claimed to need such a long break for. Where a genuine business need exists, a refusal can be justified.

What does a good holiday policy actually look like?

A clear, well-written policy gives managers consistent guidelines to work from and lets employees know exactly where they stand before they even submit a request. Under the Working Time Regulations, a worker must give notice equal to twice the length of the holiday they want. If the employer needs to refuse, the counter-notice should match the length of the holiday itself.

A good policy should also address common issues such as employees taking time off after a request has been refused, late returns from holiday, and the disciplinary action that may follow.

Need help getting your policies summer-ready?

Heatwaves, dress codes and holiday requests are easy to get wrong and costly when you do. A clear, well-drafted policy and a submission in a carefully drafted handbook takes the guesswork out of it for managers and employees alike, and protects your business at the same time.

Contact us at HRCentral team today on 0118 324 2526 or email enquiries@hrcentral.co.uk and we will help you get your summer policies office ready.

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