Posted By DAVID FOTHERINGHAM
Advice required
We have recently started a few young people (16 - 17 year olds). According to the Working Time Regulations (as amended 2002) a young workers, working time shall not exceed 8 hours a day.

Problem is that we work a 37-hour week, over 4 days, equating to 9.25 hours per day.

Do the Regulations allow compromise?

For them to work 5 days will cause problems with transport as none of them drive and rely on lifts from co-workers who only work 4 days.

Posted By Heather Collins
Mitch - no you can't. The opt-out is only for the 48 hour working week limit for over-18s.

There is no general opt-out for under 18s.

See here http://www.adviceguide.o...Generalrulesonemployment

Posted By KB

Have you thought about these younger personnel still coming in for four days but not starting till a later time or perhaps giving them longer breaks to facilitate staying within their actual working hours?

In this instance they might be there for more than the eight hour period but would not actually be working more than the eight hour period.

Just a thought.

Posted By DAVID FOTHERINGHAM
Thanks to all who have responded much appreciated.

I have been looking at the Regs again and under " Other exceptions relating to young workers section 27A. - (1) Regulation 5A (8 hrs a day / 40 hrs a week rule) does not apply in relation to a young worker where -

(a) the young worker's employer requires him to undertake work which is necessary either to maintain continuity of service or production or to respond to a surge in demand for a service or product;

(b) no adult worker is available to perform the work, and

(c) performing the work would not adversely affect the young worker's education or training.

Do you think if we use the case that performing the work would not adversely affect the young worker education or training would enable us to allow them to work 9.25 hours?

Posted By John Murgatroyd
Hours of work and rest breaks


16 – 18 year olds


If you are over school leaving age (see under heading General rules on employment) and under 18, the law says that you must not work more than eight hours a day, or more than 40 hours a week. You must have twelve hours rest between each working day, and two rest days per working week. You are also entitled to a 30-minute rest break when you work for longer than four and a half hours. There are some exceptions to this (see below).



If you stay on at school, a local education authority can restrict the type of work and number of hours you can do.



There are special limits on the hours you can work at night. You cannot usually work between 10pm and 6am. If you are contracted to work after 10pm, you must stop work at 11pm and not start again before 7am. There are some exceptions for young people who work in hospitals, agriculture, retail, hotels and catering, bakeries, post/newspaper deliveries, or in connection with cultural, artistic, sporting or advertising activities. You are not allowed to work between midnight and 4am, except in the most exceptional circumstances.



The rules about working at night do not apply when:-


your employer needs you to work to maintain continuity of service or production, or to respond to a sudden rush in demand; and
doing the work would not affect your education or training; and
no adult is available to do the work; and
you are supervised by an adult (if this is necessary for your protection) and you are allowed a period of rest as compensation.

If you are allowed to work at night, you must first be given a free assessment of your health and ability to do the work. The assessment should be repeated at regular intervals. You must not work more than eight hours in a 24 hour period.