The heatdome hanging over employers
Holidays and rising temperatures converge to put the pressure on business
With schools breaking up and summer holidays underway, employers are moving from managing sporting absences to the wider challenge of workforce planning during peak leave season.
This year, that challenge is sharpened by successive heatwaves and new holiday record-keeping duties, putting planning, documentation and employee wellbeing under the spotlight.
Extreme heat is no longer a rare inconvenience: employers should treat it as a foreseeable workplace risk, with clear policies and proportionate measures in place.
The UK has a minimum workplace temperature of 16°C, or 13°C for physically demanding work, but no legal maximum. Instead, employers must assess heat risks under their wider health and safety duties.
What is reasonable will depend on the workplace: an air-conditioned office presents different risks from a warehouse, construction site or outdoor role.
Employers should also consider workers who may be more vulnerable to high temperatures, including pregnant employees and those with relevant health conditions or disabilities.
Practical steps may include extra drinking water, more frequent breaks, better ventilation, temporary dress code flexibility and adjusted working patterns.
At the same time, since 6 April, employers have been legally required to keep records showing compliance with holiday rules, including entitlement, leave taken and correct holiday pay.
The change, introduced under the Employment Rights Act 2025, means businesses must maintain written evidence rather than simply be able to explain their approach if challenged.
For employers, this means being able to show how entitlement and holiday pay were calculated, including overtime, commission or average earnings where relevant.
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 requirements apply to all workers, including part-time, zero-hours and irregular-hours staff. Records must be available on request and kept for six years.
Employers who cannot provide evidence may face enforcement action, unlimited fines and orders to make good unpaid holiday pay.
The risks were highlighted in a recent tribunal case involving Beth Littlewood, where incorrect holiday pay, poor communication and inconsistent handling of leave requests featured in the judgment.
For employers, the message is clear: policies are not enough. Businesses must be able to demonstrate how their systems work in practice.
As compliance pressures build, preparation remains key.
If you have any questions, please contact Human Resources Consultant Lucy Cotterell using the details below.
Lucy Cotterell, Human Resources Consultant – Mogers Drewett
Lucy.Cotterell@mogersdrewett.com

