When we think of “inclement weather”, many employers immediately think of snow, ice, flooding or travel disruption. However, extreme heat can create just as many practical and legal challenges, particularly in Early Years settings where staff are working with young children, moving around the building, supervising outdoor play, preparing sleep areas, managing ratios and supporting children’s physical care.
An amber warning for high temperatures should not be dismissed as “just a bit of sunshine”. It is a prompt for nursery leaders to pause, assess the risk and make sensible decisions.
Is there a maximum working temperature?
There is no legal maximum workplace temperature in the UK. This means employees do not automatically have the right to leave work simply because the temperature reaches a particular number.
However, that does not mean employers can ignore the heat. Employers have a duty to provide a safe working environment and to assess risks to staff. Heat can be a health and safety risk, particularly where the building is poorly ventilated, staff are undertaking physical work, sleep rooms are hot, outdoor areas have limited shade, or employees have individual vulnerabilities.
In a nursery, the question is not simply “what does the thermometer say?” The better question is: “Can we continue to operate safely for children and staff, and what reasonable steps can we take to reduce the risk?”
What practical steps should nurseries consider?
Where high temperatures are forecast, nursery leaders should consider practical controls such as:
Managers should also listen carefully to staff who say they are struggling. Heat can affect concentration, patience, decision-making and physical wellbeing. In Early Years, that matters because staff need to be alert, responsive and able to supervise children safely.
Some staff may be more vulnerable to heat
Some employees may be more affected by extreme heat than others. This could include pregnant employees, disabled employees, employees with heart or respiratory conditions, employees taking medication that affects temperature regulation, employees experiencing menopausal symptoms, older workers, and employees who are fasting.
Where an employee may be more vulnerable, the employer should consider whether individual adjustments are needed. This might include moving the employee to a cooler room, reducing outdoor duties, allowing more frequent breaks, adjusting start and finish times, temporarily relaxing duties, or agreeing that the employee should work in a different area of the setting.
Where pregnancy or disability is involved, employers should be particularly careful. A “one size fits all” approach may not be enough.
Can uniform rules be relaxed?
Yes, and in many cases they should be.
However, during extreme heat, employers should consider temporarily relaxing uniform requirements where it is safe and appropriate to do so.
For example, staff could be allowed to wear lighter, looser clothing, smart shorts, breathable fabrics or alternative footwear, provided clothing remains safe, suitable for working with children, and consistent with safeguarding and hygiene expectations.
Employers can still set boundaries. For example, clothing should not be revealing, unsafe, offensive, impractical for floor-based work, or unsuitable for manual handling or outdoor supervision. The key is to apply a temporary, sensible relaxation rather than rigidly insisting on uniform where it increases discomfort or risk.
A short message to staff can help:
“Due to the amber heat warning, we are temporarily relaxing our uniform requirements. Staff may wear cool, practical clothing suitable for working safely with children. Clothing must remain appropriate for a nursery environment, safe for physical work, and suitable for maintaining safeguarding, hygiene and professional standards.”
What if an employee cannot attend work because of the weather?
This is where the Inclement Weather Policy should be followed.
In most cases, employees are expected to make reasonable efforts to attend work. However, if public transport is severely disrupted, roads are unsafe, schools are closed, or an employee has childcare difficulties because of the weather, they should contact the nursery as early as possible and explain the situation.
The options may include annual leave, unpaid leave, making up the time, working from home where the role allows it, or using emergency dependant leave if the issue is an unexpected childcare or dependant-care emergency.
In Early Years, working from home will often not be possible for practitioners because the work requires them to be physically present with children. However, it may be possible for some staff to complete certain admin tasks remotely.
The important point is consistency. Similar cases should be treated in a similar way, while still allowing managers to consider individual circumstances.
What if the nursery decides to close?
If the nursery makes the decision to close because it cannot operate safely, cannot maintain ratios, has unsafe room temperatures, has a building issue, or considers that remaining open would put children or staff at risk, that is different from an employee choosing not to attend.
Where the employer closes the workplace and staff are ready, willing and available to work, employees will usually be entitled to be paid unless there is a clear contractual right allowing the employer to lay staff off. Even then employers should be cautious about using layoff unless completely necessary as it will damage the psychological contract.
If closure becomes necessary, communicate clearly with staff and parents. Explain whether the closure is full or partial, when the position will be reviewed, whether staff are required to remain contactable, and what will happen about pay.
What if only part of the nursery closes?
Sometimes the issue is not the whole building. For example, one room may become too hot, the garden may be unsafe during the hottest part of the day, or a sleep room may no longer be suitable.
In those circumstances, managers should consider whether children and staff can be safely moved elsewhere, whether sessions can be adjusted, whether activities can be changed, or whether staffing can be redeployed.
The decision should be based on risk, not convenience. If the nursery cannot safely care for children in line with ratios, supervision requirements and welfare expectations, closure or partial closure may be the safest option.
Employees also have responsibilities
Employees should co-operate with reasonable heat-management measures. This includes following temporary instructions about outdoor play, hydration, room use, breaks, uniform changes and safe working practices.
Staff should also tell their manager if they feel unwell, are struggling with the heat, or have a medical reason why they may be more vulnerable. Managers cannot support staff properly if they are unaware of the issue.
However, employees should not be expected to “push through” symptoms of heat exhaustion. Dizziness, nausea, confusion, faintness, headaches, excessive fatigue or feeling unusually unwell should be taken seriously.
What should nursery leaders document?
A short record can be very helpful. This might include:
This does not need to be overcomplicated. The aim is to show that the nursery made a reasoned decision based on safety, staffing, ratios and the welfare of children and staff.
Final thought
Extreme heat is no longer rare enough for nurseries to treat it as an afterthought. Amber warnings should trigger a calm, practical review of how the setting will operate safely.
The best approach is to plan early, communicate clearly, relax rules where sensible, support vulnerable staff, and use the Inclement Weather Policy consistently. Above all, nursery leaders should remember that this is not just about comfort. In Early Years, staff wellbeing, child safety and safe staffing are all closely connected. Always check your own Inclement Weather Policy and contracts before making decisions about pay, unpaid leave or closure arrangements.
