The heatwave in Europe continues. In the last week or so it has moved to parts of southern, central and eastern Europe, with Germany, Poland and the Czech Republic all recording their hottest-ever days.
In this four-part series, we examine key questions for employers during periods of extreme heat. In part one we explored temperature limits, in part two we zoomed in on practical employer heat controls, and now, in part three, we turn to a familiar workplace debate during hot weather: to what extent should dress codes be relaxed.
Across jurisdictions, there is generally no explicit legal requirement to relax dress codes during extreme heat. However, employers remain subject to health and safety duties and must manage heat-related risks. Where clothing contributes to those risks, adjustments may be needed. At the same time, existing safety obligations, particularly requirements to wear personal protective equipment (PPE), will usually continue to apply. Employers then must balance heat mitigation with other health and safety requirements.
In this article, we explore how different countries approach this area, with jurisdiction-specific insights set out on the right hand side of the article.
A global snapshot: no standalone requirement, but health and safety comes first
The starting point is broadly consistent across most jurisdictions:
- there is generally no standalone legal obligation to relax dress codes during heatwaves;
- dress codes remain subject to the employer’s general management prerogative;
- however, health and safety duties, sometimes supported by specific heat-related rules or guidance, may require adjustments where dress codes increase heat-related risk.
This leads to a broadly similar approach across the countries we surveyed:
- employers should assess whether work clothing contributes to heat stress;
- dress codes must not create or increase a health risk;
- adjustments may be required where necessary to reduce that risk.
Flexibility in practice: policy meets pragmatism
Although most jurisdictions do not mandate changes to dress codes, the underlying legal framework often points towards flexibility in practice.
In particular, health and safety duties and related guidance commonly require employers to assess and mitigate heat-related risks. In this context, clothing is frequently identified as a relevant factor. As a result, employers may:
- allow lighter or more breathable fabrics, including short sleeves or summer uniforms, where appropriate;
- adapt uniforms where they contribute to heat stress, rather than remove the dress code entirely;
- differentiate requirements by role, environment or level of exposure;
- introduce or provide protective clothing, such as UV-protective items, where needed.
These steps are not usually mandated in themselves. However, they can form part of a broader risk management approach, particularly where clothing contributes to heat stress. For further details, please review the country-specific insights on the right hand-side of this article.
Personal protective equipment remains essential
A consistent limitation can be observed across jurisdictions: requirements relating to PPE generally continue to apply during extreme heat.
Where protective clothing is required:
- it must usually continue to be worn;
- employers should instead seek to reduce heat exposure through other measures;
- alternative or lighter protective options may be considered where appropriate.
Australia provides some interesting lessons in this regard where there is sometimes a tension between comfort and PPE obligations (for example, long sleeves in sun‑exposed work). The lawful approach there is to reassess risk and, where reasonably practicable, adopt higher‑order controls so that mandatory PPE can be safely maintained. This could include through providing shade structures, increasing ventilation or air-conditioning, re-scheduling or cancelling non-essential tasks, introducing hydration protocols and/or providing breaks (for further details on these practical control measures, please see part two of our extreme heat series). The underlying obligation remains the primary duty of care to eliminate or minimise risk.
Employers must ultimately take care that any adjustments to dress codes do not conflict with existing safety requirements.
Consistency, communication and image
Where employers choose to relax dress codes, several countries in our survey emphasise the importance of clarity and proportionality.
This includes clear communication of any changes, a consistent and transparent approach to adjustments, and consideration of operational or client-facing requirements where relevant.
Takeaway for employers
It is rare that employers are legally required to relax dress codes during extreme heat. However, they should assess whether clothing contributes to heat-related risks and respond where appropriate.
In practice, and based on the insights from our surveyed countries, employers should:
- review dress codes as part of heat risk assessments;
- in many cases, take care that PPE requirements remain in place and explore safer alternatives;
- communicate any temporary changes clearly and apply them consistently.
Of course, the position varies across jurisdictions, with differences in legal frameworks, guidance and expectations. Employers should ultimately assess their approach in light of local requirements and the specific risks of their workplace.
Next, in the fourth and final part of our series on extreme heat at work, we examine perhaps the most important question at all: can employees lawfully stop working if it is too hot?
Meet Delphius, our AI-powered guide to global employment law for in-house legal and HR teams
Insights
Extreme heat at work: Cracking the dress code
The heatwave in Europe continues. In the last week or so it has moved to parts of southern, central and eastern Europe, with Germany, Poland and the Czech Republic all recording their hottest-ever days.
In this four-part series, we examine key questions for employers during periods of extreme heat. In part one we explored temperature limits, in part two we zoomed in on practical employer heat controls, and now, in part three, we turn to a familiar workplace debate during hot weather: to what extent should dress codes be relaxed.
Across jurisdictions, there is generally no explicit legal requirement to relax dress codes during extreme heat. However, employers remain subject to health and safety duties and must manage heat-related risks. Where clothing contributes to those risks, adjustments may be needed. At the same time, existing safety obligations, particularly requirements to wear personal protective equipment (PPE), will usually continue to apply. Employers then must balance heat mitigation with other health and safety requirements.
In this article, we explore how different countries approach this area, with jurisdiction-specific insights set out on the right hand side of the article.
A global snapshot: no standalone requirement, but health and safety comes first
The starting point is broadly consistent across most jurisdictions:
This leads to a broadly similar approach across the countries we surveyed:
Flexibility in practice: policy meets pragmatism
Although most jurisdictions do not mandate changes to dress codes, the underlying legal framework often points towards flexibility in practice.
In particular, health and safety duties and related guidance commonly require employers to assess and mitigate heat-related risks. In this context, clothing is frequently identified as a relevant factor. As a result, employers may:
Personal protective equipment remains essential
A consistent limitation can be observed across jurisdictions: requirements relating to PPE generally continue to apply during extreme heat.
Where protective clothing is required:
Australia provides some interesting lessons in this regard where there is sometimes a tension between comfort and PPE obligations (for example, long sleeves in sun‑exposed work). The lawful approach there is to reassess risk and, where reasonably practicable, adopt higher‑order controls so that mandatory PPE can be safely maintained. This could include through providing shade structures, increasing ventilation or air-conditioning, re-scheduling or cancelling non-essential tasks, introducing hydration protocols and/or providing breaks (for further details on these practical control measures, please see part two of our extreme heat series). The underlying obligation remains the primary duty of care to eliminate or minimise risk.
Employers must ultimately take care that any adjustments to dress codes do not conflict with existing safety requirements.
Consistency, communication and image
Where employers choose to relax dress codes, several countries in our survey emphasise the importance of clarity and proportionality.
This includes clear communication of any changes, a consistent and transparent approach to adjustments, and consideration of operational or client-facing requirements where relevant.
Takeaway for employers
It is rare that employers are legally required to relax dress codes during extreme heat. However, they should assess whether clothing contributes to heat-related risks and respond where appropriate.
In practice, and based on the insights from our surveyed countries, employers should:
Of course, the position varies across jurisdictions, with differences in legal frameworks, guidance and expectations. Employers should ultimately assess their approach in light of local requirements and the specific risks of their workplace.
Next, in the fourth and final part of our series on extreme heat at work, we examine perhaps the most important question at all: can employees lawfully stop working if it is too hot?
Meet Delphius, our AI-powered guide to global employment law for in-house legal and HR teams
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