Staff forced to work in freezing conditions

A shop has been fined £2,000 plus costs for forcing staff to work in illegally low temperatures following an anonymous tip-off to the local authority safety inspectorate.

The staff, employees of the Internacionale women’s clothing store in Carlisle, were working in temperatures of 7.6 degrees Celsius compared with the recommended minimum of 16 degrees Celsius. They had to work with the main doors open during trading hours and with the heating system not working.

Following a tip-off, the safety inspector visited the bargain retailer and served it with an improvement notice. However, temperatures below the recommended minimum were recorded again in February and March. Carlisle Council then brought enforcement proceedings against the employer who claimed it had a policy of keeping doors open to encourage customers to come in, and said that it had not repaired the heating as its lease was coming to an end.

The regulations governing temperature in indoor workplaces do not fix a precise minimum and maximum temperature but require temperature during working hours to be “reasonable”. This is because temperature requirements vary depending on the nature of the activity, for example work in a bakery as opposed to an office, and also on whether activities involve a lot of physical effort. However, the relevant Health and Safety Executive Approved Code of Practice requires that room temperature should provide “reasonable comfort without the need for special clothing” and should normally be at least 16 degrees Celsius.”