The heatdome hanging over employers
Holidays and rising temperatures converge to put the pressure on business
by David Carr employment law specialist with Carter Bells.
The final strawberry has been eaten at Wimbledon and the final, deciding goal scored in the World Cup, but employers who have spent recent weeks managing time off for sporting fans are unlikely to be breathing freely yet. With schools breaking up and the long summer of family holidays getting underway, the pressure on workforce planning is only shifting.
And this year, employers are contending with a succession of heatwaves as well as new holiday record-keeping requirements, placing even greater emphasis on planning, documentation and employee wellbeing.
The record-breaking temperatures have really shifted the dial for employers: no longer something that can be dismissed as a once-in-a-decade inconvenience, instead we need to start treating extreme heat as a foreseeable workplace risk that is subject to planning, clear policies and a consistent approach.
Data from the Met Office warns that high temperatures are set to become twice as likely than in previous decades, if climate trends continue. Meanwhile, a private member's bill proposed by the Green Party would establish an independent body to recommend minimum safe workplace temperatures.
In common with most western European countries, the UK does not currently set a legal maximum workplace temperature. There is a minimum working temperature of 16°C, or 13°C for physically demanding work, but no equivalent maximum. Instead, employers are increasingly expected to assess heat as part of their wider health and safety responsibilities and to demonstrate that sensible, proportionate measures have been taken.
The call from the Green Party comes amid a sharp fall in office attendance during the days of exceptional heat, suggesting many desk workers chose to work from home rather than navigate disrupted transport or overheated workspaces. Access card swipes in office buildings in ten UK cities showed average occupancy fell by 7.5 per cent during the main heatwave week in June, when temperatures hit the high 30‘s.
What is considered a reasonable response by employers to such temperatures will depend on the type of work. An air-conditioned office presents very different challenges to a warehouse, construction site or outdoor workplace.
But it’s not just the working environment, as employers also need to pay particular attention to workers who may be more vulnerable to high temperatures, including pregnant employees and those with certain health conditions or disabilities.
Practical measures may include providing additional drinking water, allowing more frequent rest breaks; improving ventilation or cooling systems; relaxing dress codes; and flexibility around working patterns to avoid the hottest parts of the day.
The other issue forcing employers to focus on their paperwork is that since April 6th, they have been legally required to keep a record of how they are complying with holiday rules. These formal records need to show that workers have received their full statutory holiday entitlement, have been able to take that leave, and have been paid correctly.
The changes, introduced under the Employment Rights Act 2025, represent a significant shift from simply being able to demonstrate that the business is complying with the rules, to being required to create and maintain a written record of evidence.
Many employers already record when staff take annual leave, but the new requirements go much further. If an employee raises a challenge, or asks to see their holiday record, businesses will need to demonstrate exactly how entitlement and holiday pay were calculated. including any overtime, commission or average earnings reflected in payments.
Specifically, employers must record:
- holiday taken
- holiday pay
- any payments in lieu of holiday – for example when someone leaves a job
- holiday carried over from previous years
The new requirements apply to all workers, including part-time, zero-hours and irregular-hours staff, and the records must be available on request, whether by employees or for compliance checks, and kept for six years.
It’s an important task, as employers who cannot provide evidence of their holiday records could find themselves facing a criminal offence. The Fair Work Agency (FWA) have enforcement rights to impose unlimited fines, as well as requiring employers to make good any unpaid holiday pay.
Even before the new tougher rules came in, the importance of maintaining accurate records and paying the right holiday pay was highlighted by a recent employment tribunal, where personal trainer Beth Littlewood was awarded almost £150,000 after claiming for unauthorised deductions from wages and unfair dismissal. Among the tribunal’s findings was that her holiday pay had not been calculated correctly, while poor communication and inconsistent handling of leave requests also featured heavily in the judgment.
Every case is different, but the new rules should be a wake-up call on the importance of getting holiday pay and annual leave right every time, as they remain one of the most common areas of employment dispute.
Any employers who have not already done so, should be reviewing whether their payroll and HR systems work together effectively, particularly where workers have irregular hours or variable earnings.
It is another piece of the summer jigsaw for employers, who are increasingly expected not simply to have suitable policies in place but to be able to demonstrate that they have solid evidence to show how they work in practice.
As the pressure of compliance continues to build, businesses may feel they have their own version of the ‘heat dome’ to contend with.
The best coolant? Preparation before the heat is on.