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Workplace Temperature - Legal Limits
With the UK forecast to swelter during a hotand dry summers in
the future, the TUC has called for the introduction of a legal upper limit on
workplace temperature.
While employees are not expected to work when the temperature drops below 16-deg
C (or 13-deg C if they do physically demanding work), there are no similar
restrictions for when the workplace becomes too hot, the union body has pointed
out.
It has said the law should be changed so that employers are forced to act when
the temperature inside hits 24-deg C, and that staff could be sent home and
their employers prosecuted if it soared to 30-deg C (or 27-deg C for those
engaged in physically demanding work).
When temperatures reach these levels in the workplace, employees can suffer heat
rashes, headaches, dizzy spells, fainting and heat cramps, it added. It also
affects their concentration, making workers more likely to endanger their own or
their colleagues’ safety.
Here is some advice on how to cool down and be more comfortable at work in hot
weather. Many of these you can do yourself: some may need help from colleagues
or facilities managers.
Keep your workspace cool
1. Turn off any unnecessary equipment, including lights, on or near your desk
(turn off rather than
to standby if possible) to reduce heat gains.
2. Try to keep direct sunlight off you and your workspace – use window blinds if
provided. If you cannot keep out of the sun, ask if shade can be provided or if
it is possible to work in a more shaded area.
3. Avoid leaving any equipment on standby, especially overnight.
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Employment (UK)
Working time limits (the 48-hour week)
Check your Working Hours entitlement
Your normal working hours should be set out in your contract of
employment. Unless you choose to (or you work in a sector with its own
special rules) you should not have to work more than 48 hours a week on
average.
Contractual hours
Your terms of employment should say what hours and working patterns are
involved in your job. You might not have a written contract, but employees
must be given written particulars of their main terms and conditions -
including the working hours - within two months of starting.
* More about contracts of employment
* Find out if you are an employee
The 48-hour week
Most workers should not have to work more than an average of 48 hours a
week, according to the Working Time Regulations. The Regulations also give
you rights to paid holiday, rest breaks and limits on night work.
* More about holiday entitlements
* Find out more about rest breaks
* More about working at night
Your average working hours are calculated over a 17-week period. You can
work more than 48 hours in one week as long as the average is less than
48.
* How to work out your average working hours - find out more Opens new
window
There are special rules for some workers, such as young workers, trainee
doctors and mobile workers in the transport industry.
Young workers
If you are under 18 and over school leaving age (you are under school
leaving age until the end of the summer term of the school year in which
you turn 16) you are classed as a young worker.
Young workers cannot usually be made to work more that eight hours a day
or 40 hours a week. These hours can’t be averaged over a longer period.
There are some exceptions to these rules.
* Visit the young people section
What counts as work?
As well as carrying out your normal duties, your working week includes:
* job-related training
* job-related travelling time (for example, if you’re a sales rep)
* working lunches
* time spent working abroad, if you work for a UK-based company
* paid and some unpaid overtime
* time spent ‘on-call’ at the workplace
What doesn’t count as work?
Your working week does not include:
* breaks when no work is done, such as lunch breaks
* normal travel to and from work
* time when you’re ‘on call’ away from the workplace
* evening and day-release classes
* travelling outside of normal working hours
* unpaid overtime where you volunteer to do so, for example, staying late
to finish something off
* paid or unpaid holiday
* sick leave
* maternity, paternity and adoption leave
* Overtime - find out more
* More about rights to breaks at work
Opting out of the 48 hour week
If you are 18 or over and wish to work more than 48 hours a week, you can
choose to opt out of the 48 hour limit. This must be voluntary and in
writing. It can’t be an agreement with the whole workforce and you
shouldn’t be sacked or subjected to a detriment (for example, refused
promotion or overtime) for refusing to sign an opt-out.
If you sign an opt-out, you have the right to cancel this agreement at any
time by giving between one week and three months’ notice. You can agree
this notice period with your employer when you sign the opt-out. You can
cancel an opt-out even if it’s part of a contract you’ve signed.
Judges at the European Court of
Human Rights on Tuesday found that the use of anti-terror laws to stop and
search people without grounds for suspicion was a breach of their human
rights.
The ruling was in response to case brought by two people who were searched
by police near an arms fair in London’s Docklands in 2003. Their case
challenged the police’s right to conduct searches under Section 44 of the
Terrorism Act 2000.
But police insisted they would ignore the ruling and that the use of
Section 44 would remain in force “in specified locations across London”
including major landmarks and “crowded places”.
And Home Secretary Alan Johnson said the government would appeal against
the ruling.
“The threat remains real and serious, and stop and search can deter and
disrupt terrorist activity and create a hostile environment for
terrorists. Protecting the public remains our priority.”
The Conservatives on Wednesday said they would seek to ban the
indiscriminate use of counter-terrorism laws by police.
In a unanimous ruling, seven judges said the searches could cause
“humiliation and embarrassment” and breached the complainants’ right to
respect for their private life under Article 8 of the European Convention
on Human Rights.
Journalist Pennie Quinton, 38, and protestor Kevin Gillan, 32, brought the
case to the European court after being stopped and searched by police in
September 2003 on their way to a demonstration near an arms fair held in
east London.
Quinton, who is a journalist, was ordered to stop filming in spite of the
fact that she showed her press card, and Gillan was wearing a rucksack and
riding a bicycle when he was stopped on his way to the demonstration.
Between 2004 and 2008 the number of searches recorded by the Ministry of
Justice went from around 33,000 to over 117,000, it said.
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