Employing younger workers

There are several employment rights all workers have when they start a job, but young workers - those under 18 years old - have a few additional or different rights to protect them.

Working hours for young workers

The Working Time Regulations govern the hours most workers can work and, for young workers, provide a right to:

  • At least two consecutive days off per week
  • A daily rest break of 12 consecutive hours (usually the break between finishing work one day and starting work the next)
  • A 30-minute break if the shift lasts more than 4.5 hours
  • A limit of 8 hours of work per day and 40 hours of work per week.

Requirement to stay in education

Young people are required to stay in education or training, at least part-time, until they are 18 years old. They are required to take part in education or training through either:

  • Full-time education or training, including college
  • Work-based learning, such as an apprenticeship
  • Working or volunteering for at least 20 hours a week while in part time education

It is the young worker's responsibility and not the employers to ensure these requirements are met.

National Minimum Wage

Most workers over school leaving age will be entitled to receive the National Minimum Wage and National Living Wage. (With the exception of self-employed people, volunteers, company directors, members of the armed forces, family members and work experience students.) Young workers must be paid the correct rate for their age. Apprentices who are under 19, or those who are 19 or over but in their first year of apprenticeship, have a separate set rate.

Working at night

This is the period between 10pm and 6am. For young workers this can be changed to 11pm to 7am in the contract of employment. Workers under 18 are not usually allowed to work at night, however, exceptions can apply in some circumstances, as follows:

Young workers may work between 10pm or 11pm to midnight and between 4am to 6 or 7am if they are employed in:

  • Agriculture
  • Retail trading
  • Postal or newspaper deliveries
  • A catering business, hotel, public house, restaurant
  • A bakery

Young workers may work throughout the night if they are employed in a hospital or similar place of work, or in areas such as, advertising, sporting or artistic activities.

Young workers can only work at these times if:

  • The work is necessary to maintain continuity of service or production or there has been a surge in demand
  • There is no adult available to do the work
  • Carrying out the work will not impact on the young worker's education or training

Treating younger workers less favourably because of their age

It is unlawful to discriminate against employees, workers or job seekers because of their age. This includes young workers. There are four types of age discrimination:

  • Direct discrimination - treating someone less favourably because of their actual, or perceived, age
  • Indirect discrimination - when a policy or practice applies to all workers, but disadvantages people of a particular age
  • Harassment - unwanted conduct relating to age which an individual finds offensive or which makes them feel uncomfortable or intimidated
  • Victimisation - unfair treatment of an employee who has made or supported a complaint about age discrimination

Health & Safety

When employing workers under the age of 18, employers have the same responsibilities for their health and safety as they do for all workers.

Many young workers will be unfamiliar with risks and the behaviours expected of them. They may need additional help and training to allow them to carry out their work without putting themselves and others at risk. There are age limits in place on the use of some equipment and machinery such as fork lift trucks.

If you would like to talk about any of the above in more detail, do not hesitate to give us a call on 0161 476 8276 or email us at hr@hallidays.co.uk.

Posted 9th October 2018

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