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It is impossible not to notice the latest unemployment figures which have now reached their highest level since mid-1995.  8% of the British workforce is now out of work including one in three 16-18 year olds.  With over 920,000 16-24 year olds currently not in work or education the government are putting plans together to guarantee jobs for all those who have been out of work for 10 months or more.    

With a drive to get young people into work it is increasingly important to recognise the variances in legislation when employing this group of people.  The Working Time Directive and Minimum Wage regulations both have a huge impact on a young person’s employment rights. 

There are two categories to consider;

• Young Worker

Categorised as someone who is under the age of 18, but over compulsory school attendance age, which is the end of the summer term during the year they turn 16.

• Child Worker

Categorised as someone who is of compulsory school attendance age.

It is also important to remember that, unlike adult workers, it is not possible for either category to ‘opt out’ of any part of the working time regulations.

Young Worker

A young worker can work no more than 8 hours per day or 40 hours per week.  Unlike working hours for adult workers the hours cannot be averaged over a rolling period of time.    However, they may work slightly longer hours to complete a service or production if no other adult worker is available to do complete the work on their behalf. There are certain industries a young worker cannot be employed such as in a heavy industrial area, but this is largely determined by specific industry regulations.

            Working Hours

As a rule, the young worker cannot work after 10pm and before 6am.  However, depending on the working environment and job role it may be possible to agree with the young person that they do not work after 11pm and before 7am.

Rest Breaks

If working more than 4½ per day the young worker must have at least a 30 minute break.  The break must be taken as a block 30 minutes and be during the working day, not taken at the end.

            Daily Rest

A young worker must have at least 12 hours uninterrupted rest from work between finishing work and starting work the following day.

Weekly Rest

At least 2 consecutive days rest per week must be given to the young worker.  These days cannot be accumulated over a period of time i.e. 4 days rest per fortnight. 

Child Worker

With the exception of performing arts or similar activities the youngest age for working is 13.  A child worker must have a working permit which is issued by the local council’s education department.

            Working Hours

A child worker must not work before 7am or after 7pm and for not more than one hour before school.

                  Term time

              A child worker can work a maximum of 12 hours per week, derived

              from the following;

• Maximum 25 hours per week derived from 5 hours per weekday and/or Saturday, and 2 hours on a Sunday

  15-16 year olds

• Maximum 35 hours per week derived from 8 hours per weekday and/or Saturday, and 2 hours on a Sunday
  
  

National Minimum Wage

There is no national minimum wage for child workers.  16-17 year olds are entitled to £3.53 per hour, although there is no minimum wage for those in this age group on an apprenticeship programme.

Health and Safety

When employing a young person care must also be taken with regard to health and safety.  Employers must carry out sufficiently robust risk assessments that take account of the employee’s young age and their ability (or in some cases inability) to apply experience and knowledge to what an adult might regard as common sense.  Ensure a detailed induction process and the appropriate level of training has been carried out.