A recent employment tribunal case has highlighted the care employers must take to ensure the well-being of their workers - particularly if a worker suffers from a medical condition or disability.

Elizabeth Andrews, who has Crohn’s disease, made a claim against her employer, Tate Modern, under the Disability Discrimination Act, alleging that they had failed to make the necessary adjustments to accommodate her condition.

Ms Andrews previously worked at Tate Britain, but was moved to Tate Modern in November 2007 following an incident with a colleague. After a few weeks, she claimed that the colder temperature in the building aggravated her medical condition. Even though her claim was ultimately unsuccessful, employers do have a duty to ensure that their employees are not exposed to unreasonable temperatures at work.

Regulation 7 of the Workplace (Health, Safety and Welfare) Regulations states the temperature requirements for indoor workplaces. The temperature in workplaces should normally be at least 16 degrees Celsius, or 13 degrees if significant strenuous physical effort is involved. Employers should note that other factors such as airflow and humidity will also affect the perceived temperature.

Obviously, these guidelines cannot be followed in all workplaces, as the nature of the work itself could prevent this, for example, working temperatures are likely to be much higher in a bakery. The guidelines do allow for exceptions in such cases.

When workers are exposed to temperatures which do not provide reasonable comfort, suitable protective clothing and rest facilities should be provided by the employer. If possible, working patterns that minimise the exposure to uncomfortable temperatures should be adopted, e.g. a task rotation system that limits the amount of time employees have to spend in the uncomfortable environment.

If an employee has a condition that falls under the Disability Discrimination Act, their employer has a duty to make “reasonable adjustments” to premises or working practices to take account of their individual needs. Failing to do so could result in a disability discrimination claim, where there is no limit on the compensation that can be awarded.

Every complaint about working conditions should be taken seriously by employers, especially where a worker claims that conditions are exacerbating a medical condition. Even when Health and Safety regulations are being complied with, in some instances this may not be enough to prevent liability. Employers should consult employment law solicitors if they are unsure of their legal obligations.

Technorati Tags: Disability Discrimination, Disabled Employees, Workplace Temperature