With high temperatures possible during the summer months, in this blog we’ll look at some employment law scenarios that you may have to deal with, as an employer.
Maximum office temperatures – The Workplace (Health, Safety and Welfare) Regulations 1992 state that the temperature in the workplace needs to be “reasonable”. However, there is no maximum temperature. What is reasonable will depend on the nature of your workplace and the work being carried out by your employees. Factors such as whether or not the work is strenuous or physical will need to be taken into account.
Unauthorised time off – If a holiday request is refused but your employee goes ahead and takes the time off anyway, it’s important not to jump to conclusions. You should carry out an investigation to establish whether or not the absence was for genuine reasons. If, however, there is no credible explanation from the employee, it may become a disciplinary issue and your disciplinary process will need to be followed.
Summer dress codes – It may be reasonable for you to adopt a more relaxed dress code during the summer months. However, the extent to which your employees may be allowed to dress down when the temperature rises will in part depend on the role he or she performs.
In the case of customer-facing roles, certain standards of presentation may need to be maintained. For health and safety reasons, it may be necessary for employees to continue to wear protective clothing, irrespective of summer heat.
One way or the other, you should ensure that the dress code is reasonable, appropriate to the needs of your particular business and does not discriminate between groups of employees.
Competing summer holiday requests – Under the Working Time Regulations 1998, you are not obliged to agree to an employee’s request to take holiday at a particular time, unless the employment contract provides otherwise.
If competing requests for holiday are received from different members of staff, your managers may prioritise requests, provided that they do this in a way which is fair and consistent, for example on a first-come, first-served basis.
To avoid the short periods of notice for requests and refusals, it makes sense for your business to have its own holiday policy in which you can set out your own notice provisions and other arrangements relating to holiday.
Late return from summer holiday – Issues may also arise in the case of an employee who returns late from his or her summer holiday. In the first instance, you should allow the employee the opportunity to provide an explanation. Supporting evidence, for example a medical certificate in the case of ill health, should be requested.
However, if the explanation does not appear genuine, you will need to consider following your disciplinary policy.
Summer work experience – The school summer holidays are typically a time when employers offer school-age children the opportunity to carry out work experience. You do not have to pay a child of compulsory school age while on work experience. However, all other rules and restrictions on employing young people will apply, and relevant approvals from the local authority or school governing body will need to be obtained.
Is your business ready for more heat this summer? If you need any advice regarding working conditions for your employees over the summer, just get in touch. You can call 0118 940 3032 or email me at sueferguson@optionshr.co.uk.
Source: XpertHR