Young Workers Rights to be Strengthened?

The Government has recently published draft regulations to implement those provisions of the EC Young Workers Directive (EC 94/33) that have not already been implemented in the UK. The regulations will apply to “young workers” who are defined in the Working Time Regulations ("WTR") as "those over the minimum school leaving age but who are under 18 years of age" i.e. 16 - 18 year olds. At the moment in terms of the WTR young workers are entitled to:

• 12 consecutive hours rest between each working day;

• 2 consecutive days weekly rest; and

• 30 minute break while at work should they work longer than four and a half hours.

Consultation is now under way in relation to the proposed additional rights, which are:

• young workers may not ordinarily work more than 8 hours a day or 40 hours a week, nor at night between 10pm-6am or 11pm-7am;

• Young workers may work longer where this is necessary: to maintain continuity of service or production; or to respond to a surge in demand.

provided that there is no adult available and the training needs of the young worker are not adversely affected. (Employers should note that young workers are, under the Employment Rights Act 1996, entitled to paid time off during working hours to undertake study or training).

Young Workers may work between midnight and 4am provided the above tests are met but only in certain sectors, such as hospitals or in connection with cultural, artistic, sporting or advertising activities.

Those young workers who are employed as sea farers, in sea fishing or in the armed forces will not be affected by the new regulations through exclusions provided for in the Working Time Regulations.

Employers of young workers who do not at present meet these new restrictions, should be thinking about how they can do so, once the restrictions are in force.

For example, someone employing a 17 year old on the nightshift in a petrol station, would no longer be able to do so.
This document is for general guidance and research purposes only, and does not purport to give professional advice. Please check the date at the top of the article; the Workplace Law Network retains historic articles for general research.