Protecting your people in the heat: What Scottish employers need to know

Scotland isn’t known for extreme heat, but recent summers have shown how quickly conditions can change. Prolonged high temperatures can put both workers and customers at real risk, and employers need to be clear on their legal responsibilities.

This article sets out in plain terms the key risks associated with extreme heat and the practical steps employers should take to ensure compliance with the law – more importantly – to keep people safe.

The legal position

Employers have a general duty under the Health and Safety at Work etc. Act 1974 to ensure, so far as reasonably practicable, the health, safety and welfare of employees and anyone affected by their activities.

This is supported by:

• The Management of Health and Safety at Work Regulations 1999 – which requires employers to undertake a suitable risk assessment of all significant hazards, and to put in place appropriate control measures.
• The Workplace (Health, Safety and Welfare) Regulations 1992 – which states that the temperature in workplaces must be “reasonable” during working hours, with the associated Approved Code of Practice suggesting a minimum of 16°C (13°C for physically demanding work) but, critically, no upper limit.
• Working Time Regulations 1998 – which addresses providing for rest breaks, which become increasingly important during hot conditions.
• Equality Act 2010 – requires adjustments for those at greater risk.

It is worth noting that the Health and Safety Executive has long acknowledged the lack of an upper limit to temperatures in the workplace and has instead focused on the concept of ‘thermal comfort’, putting the emphasis on practical risk management rather than strict thresholds.

Understanding the risk

Heat affects people differently. At best it causes discomfort and reduced concentration, while at worst it can lead to heat exhaustion or heat stroke.

Particular care is needed for:

• Outdoor workers (e.g. construction, agriculture)
• Staff in hot indoor environments (kitchens, warehouses)
• Retail and hospitality staff in poorly ventilated spaces
• Pregnant workers, older workers, or those with health conditions
• Workers on certain medications
• New starters or those returning after absence

Sector-specific Issues

Outdoor work
Direct sun, physical labour and long exposure create a high risk of heat-related illness and accidents.

Hospitality and retail
Kitchens and older premises can become dangerously hot. Customer welfare is also a factor, particularly for vulnerable visitors.

Warehousing and manufacturing
Large spaces trap heat. Machinery, roof exposure and vehicle cabs can push temperatures to unsafe levels.

Healthcare and care settings
Residents and patients are often highly vulnerable, while staff face physically demanding work in hot conditions.

Offices
Poor ventilation or extensive glazing can lead to uncomfortable and unproductive conditions, even in sedentary roles.

What employers should do

1. Review risk assessments

Heatwaves are a clear trigger to revisit existing assessments. Consider the work being done, the environment in question and individual vulnerabilities.

2. Put a heatwave plan in place

A simple, clear policy helps ensure a consistent response. Link it to external triggers, such as weather alerts, and brief staff in advance.

3. Take practical control measures

Focus on straightforward steps that reduce exposure:

• Reschedule strenuous work to cooler parts of the day
• Improve ventilation or cooling where possible
• Adjust shifts or allow home working if practical
• Increase rest breaks

Basic measures include:

• Providing free drinking water
• Allowing flexible dress (where safe)
• Using fans or shading
• Adjusting working hours (avoiding peak heat)
• Training managers to recognise heat illness

4. Support vulnerable workers

Carry out individual assessments where needed and make reasonable adjustments. Pregnant workers, in particular, should not be exposed to unsafe conditions.

5. Consider customers and visitors

Your duty extends beyond staff. Ensure premises are safe for visitors, especially those who may be more susceptible to heat.

6. Allow for acclimatisation

Those not used to hot conditions – including new or returning staff – are at higher risk. Gradual exposure with closer supervision is a sensible approach.

7. Keep records

Document risk assessments, steps taken and any incidents. This is both good practice and important if your approach is later scrutinised.

Upcoming heatwaves

Looking ahead, employers should expect heatwaves to become more frequent and longer lasting, even in Scotland’s traditionally milder climate. Recent weather patterns suggest that temperatures can rise quickly and with limited warning, making advance preparation increasingly important.

Businesses should keep a close eye on weather alerts and be ready to introduce appropriate measures without delay. Putting simple plans in place in advance, such as identifying when controls should be triggered, ensuring access to water and cooling, and making sure staff understand what to expect, will help maintain safe operations. As the climate continues to change, it makes sense to treat extreme heat as a regular operational risk rather than a one-off event.

Final thoughts

Heatwaves are no longer unusual and should be treated as a foreseeable risk. The legal framework is broad, but the practical steps are generally straightforward.

Review your arrangements before temperatures rise. Simple measures, such as water, breaks, communication and planning, go a long way.

Getting this right isn’t just about compliance. It’s about protecting the people who work for you and those who rely on your business. The cost of prevention is nothing compared to the cost of a heat-related fatality, a regulatory prosecution, or a civil claim. More importantly, the lives and health of the people who work for you and the customers who use your services, depend on you getting this right.

How we can help

If you would like advice on any of the issues raised in this article, you can contact James Halley or a member of our team here.