NEU Disabled Members' Network Meeting
Report
Topic: Maximum Workplace Heat, Section 44 and the Impact on Disabled
Members and Learners with SEND
I attended the
recent NEU Disabled Members' Network Zoom meeting, where members engaged in a
timely and meaningful discussion on the impact of high temperatures in
educational settings, particularly in light of the current heatwave affecting
many parts of the country.
The meeting provided
an important space for disabled members to share their experiences and concerns
regarding working conditions during periods of extreme heat. Members spoke
openly about how excessive temperatures can significantly affect individuals with
a range of disabilities and health conditions, including those with mobility
impairments, sensory sensitivities, respiratory conditions, chronic illnesses
and medication-related vulnerabilities to heat.
A key theme
throughout the discussion was the need for employers to recognise that high
workplace temperatures are not merely a comfort issue but can become a health,
safety and equality issue. Members highlighted the importance of reasonable
adjustments, risk assessments and proactive planning to ensure disabled staff
are protected and supported during extreme weather conditions.
The conversation
also focused on the impact of the current heatwave on students and young
people with SEND. Members shared concerns about pupils who struggle to
regulate body temperature, those with sensory processing difficulties, autistic
pupils, and students whose medical conditions are exacerbated by extreme heat.
Contributors spoke about the additional challenges faced by schools in
maintaining suitable learning environments when classroom temperatures become
excessive, particularly where ventilation, shading and cooling measures are
inadequate.
A significant part
of the discussion centred on Section 44 of the Employment Rights Act 1996,
which provides workers with legal protection where they reasonably believe
there is a serious and imminent danger in the workplace. Members discussed the
challenges surrounding the practical use of Section 44 in school settings
during periods of extreme heat.
Whilst many
recognised Section 44 as an important protection for workers, concerns were
raised about the uncertainty many members feel when considering whether
workplace conditions meet the threshold of "serious and imminent
danger." Members spoke about fears of employer challenge, lack of
confidence in applying the legislation, and inconsistency in how heat-related
risks are assessed across different workplaces.
There was a feeling
that disabled staff may be disproportionately affected because what constitutes
a serious risk for a disabled member may not be immediately recognised by
employers or colleagues who do not fully understand the impact of specific
health conditions. The discussion highlighted the importance of robust risk
assessments, individual workplace adjustments and strong union support when
members raise concerns about unsafe temperatures.
Members also noted
the need for clear guidance and greater awareness among workplace
representatives to support members effectively when heat-related health and
safety concerns arise. The discussion reinforced the view that prevention and
proactive employer action should always be the priority, rather than relying on
individuals to invoke legal protections after conditions have become unsafe.
The meeting
reinforced the importance of ensuring that disabled staff and learners with
SEND are central to discussions around workplace safety, equality and
climate-related challenges. Members agreed that the union has a vital role in
raising awareness, supporting workplace representatives and ensuring that
employers meet their responsibilities under health and safety and equality
legislation.
Overall, the meeting
was well attended and provided a valuable opportunity for members to share
experiences, highlight concerns and collectively consider how best to support
disabled workers and learners during periods of extreme heat. The strength and
depth of the discussion demonstrated the importance of continuing to champion
accessible, inclusive and safe educational environments for all.
Lauretta Nwaka