The heatdome hanging over employers

This summer, however, businesses face an additional challenge: balancing employee wellbeing during extreme heat with new legal obligations around holiday record-keeping.

Recent heatwaves have highlighted a growing issue for employers. High temperatures can no longer be treated as an occasional inconvenience. Instead, they should be regarded as a foreseeable workplace risk requiring appropriate planning and management.

Although UK law sets minimum workplace temperatures, there is currently no legal maximum. Employers are nevertheless expected to assess heat-related risks as part of their health and safety duties and take reasonable steps to protect staff. What is considered reasonable will vary depending on the workplace. An air-conditioned office presents different risks from a warehouse, construction site or outdoor setting.

Employers should also consider workers who may be particularly vulnerable to hot weather, including pregnant employees and those with certain health conditions or disabilities. Practical measures may include providing drinking water, increasing rest breaks, improving ventilation, relaxing dress codes and allowing greater flexibility around working hours to avoid the hottest parts of the day.

Alongside these health and safety considerations, employers should also be aware of significant changes to holiday compliance requirements. Since 6 April 2025, businesses have been required to maintain detailed records demonstrating compliance with statutory holiday entitlement and holiday pay rules.

The new requirements go beyond simply tracking annual leave. Employers must be able to show how holiday pay has been calculated, including where overtime, commission or variable earnings form part of an employee’s entitlement. Records must cover holiday taken, holiday pay, payments in lieu of leave and any carried-over holiday. They apply to all workers, including part-time, zero-hours and irregular-hours staff, and must be retained for six years.

The consequences of non-compliance can be serious. Employers who cannot produce adequate records may face enforcement action, including substantial financial penalties and claims for unpaid holiday pay.

These developments serve as a reminder that employment compliance is increasingly focused on evidence as much as policy. Businesses should review their HR and payroll systems to ensure accurate record-keeping and consistency, particularly where employees work irregular hours or receive variable pay.

As regulatory expectations continue to rise, preparation remains the best defence. Whether managing workplace temperatures or holiday entitlement, employers who plan ahead will be best placed to avoid disputes and stay compliant.

Esther Marshall

Member