Irish employers must maintain minimum workplace temperatures of 17.5C for office work, with experts explaining what workers can do during the cold snap
Man cleans windshield from snow with ice scraper(Image: Kate Wieser)
Ireland’s bitter cold spell is set to continue well into next week, with Met Éireann cautioning that the freezing conditions show no signs of abating anytime soon.
Numerous weather warnings spanning all counties remain active for sever frost, ice and snow, with temperatures forecast to drop as low as -6C.
The extended freeze is expected to create treacherous conditions across the country, with icy roads and challenging travel circumstances set to continue through the weekend and beyond.
For many people, this sparks worries about daily commutes and whether it’s safe – or even essential – to make the journey to work.
As sub-zero temperatures persist, questions are also arising regarding employees’ rights and whether there are situations where conditions are deemed too cold for work, reports the Irish Mirror.
Employment law and HR experts at Peninsula Ireland have clarified that, for the majority of workers, there is presently no specific minimum temperature outlined in legislation, apart from office or sedentary positions.
In reality, this means there is no legal temperature limit at which a workplace is automatically considered “too cold”.
For manual labourers, however, Peninsula has noted that the temperature must be “appropriate for human beings,” taking into account both the working methods employed and the physical demands imposed on the workers. Despite the absence of a rigid legal threshold, Peninsula COO Moira Grassick emphasised that employers retain an obligation to safeguard the health, safety and wellbeing of their workforce.
She stated that employers ought to take workers’ comfort seriously and guarantee conditions remain acceptable, even when no precise temperature is mandated by law.
She explained: “The Safety, Health, and Welfare at Work (General Application) Regulations 2007 specify 17.5C as the minimum temperature for sedentary office work, or for other sedentary work that does not involve serious physical effort, a minimum temperature of 16C to be achieved and maintained after the first hour’s work.”
Grassick recommended employers contemplate practical measures to assist staff in managing the cold, such as supplying extra heaters.
She observed these should be routinely inspected to guarantee they function properly and are positioned safely away from combustible materials.
Easing the workplace dress code might also assist in keeping staff warm as they will be permitted to wear what feels comfortable to them.
She added: “Be mindful of any employees who may particularly be sensitive to the cold. If it’s related to a disability then you have a duty to make reasonable accommodations to workplace practices to allow them to carry out their work, and to neglect this duty could result in claims of discrimination.”
Hybrid and remote workers should also be taken into account during spells of bitter cold weather.
Grassick suggested that employers might urge hybrid staff to pop into the office more often if it provides a warmer setting, whilst remote workers should be informed about any assistance on offer.
She explained: “Employers should communicate the support options that are available to them. Some employers might introduce a contractual homeworking allowance, to provide financial assistance for employees to keep their heating on throughout the day, but this is not a legal requirement so organisations can implement schemes at their discretion.”
Nevertheless, it will probably fall to the remote worker to manage the temperature of their workspace themselves.
Grassick concluded: “If they were to refuse to work because of the cold weather, employers should first look at ways to enable them to continue, such as returning to the office, providing guidance on how to stay warm, or signposting to external support. However, if none of these options are available, staff could be given the choice of booking annual leave, using accrued time off in lieu or taking authorised unpaid leave.”
The Workplace Relations Commission (WRC) has also recognised that harsh weather can seriously throw a spanner in the works for both staff and bosses. The commission stated: “Extreme and severe weather events can impact on an employee’s ability to report for work and an employer’s ability to operate his/her business and to be able to provide work.”
It further clarified the implications for employees affected by extreme weather, particularly regarding pay: “In general, there is no statutory entitlement for an employee to be paid if they cannot attend work because of extreme weather. Any more beneficial arrangement is a matter for agreement between the employer and the employee.”
The commission encouraged employers to consider the long-term benefits of employee welfare, stating: “Employers are encouraged to take a long-term view of the working relationship, recognising that demonstrating concern for the welfare of employees and treating employees fairly translates into a better working environment to the benefit of both the staff and the employer.”
The WRC suggested that employers could allow staff to use their annual leave to cover absences caused by severe weather, explaining: “Employers may allow employees take annual leave for the day or days covered by the event in which case they would be paid.”
Unpaid leave was also presented as a potential solution, with the commission noting: “This arrangement is a matter for agreement between the employer and the employee”.
Regarding changes to rosters, the WRC clarified: “Normally, employees are entitled to notice of at least 24 hours of a roster change. However, this does not apply in exceptional circumstances as with extreme weather events.”
The commission clarified that in situations where businesses are unable to operate due to severe conditions, employers may put employees on a ‘layoff’ period. They explained: “In these circumstances the employer may put employees on a period of ‘layoff’. An employer may lay off employees when there is no work available for a temporary period with that employer.
“If employees are laid-off then the employer is not obliged to pay employees. Laid-off employees may be entitled to Jobseekers Benefit or Jobseekers Allowance from the Department of Social Protection for the days they are not working.”
The WRC also highlighted that employment contracts might already contain policies to handle extreme weather, stating: “Employers may have included policies and procedures in their contracts of employment to cover severe weather events which may include:”.
They further advised: “We would encourage employers and employees to seek to resolve any issue at the level of the employment.”
In cases where resolution isn’t possible at the employment level, the commission suggested: “Where issues cannot be resolved locally, the employee may make a complaint under either the Organisation of Working Time Act 1997 or the Payment of Wages Act 1991 or other relevant enactment to the Workplace Relations Commission Where the employer and employee are agreeable, the Commission may seek to resolve the matter by means of mediation. Otherwise, the complaint will be investigated by an Adjudication Officer. Every case is fact-specific.
“If you wish to seek additional information on your situation you may speak with an Information Officer of the Workplace Relations Commission at 0818 80 80 90 or 059 917 8990, Monday to Friday 9:30am to 5pm. The service is available for both employers and employees.”
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