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Working Time Regulations – employing young workers

Working Time Regulations – employing young workers. Richard Thorpe. Limits on working hours, rest from work and paid annual holidays. HSE, local authorities and ACAS all play a part in enforcing the Working Time Regulations (WTR)

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Working Time Regulations – employing young workers

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  1. Working Time Regulations – employing young workers Richard Thorpe

  2. Limits on working hours, rest from work and paid annual holidays • HSE, local authorities and ACAS all play a part in enforcing the Working Time Regulations (WTR) • HSE and local authorities – weekly hours, restrictions on night work and health assessments • Employment tribunals/ACAS – daily/weekly rest periods, in-work breaks and paid annual leave entitlements.

  3. Limits on working hours, rest from work and paid annual holidays • Limit of 8 hours per day and 40 hours per week (unless special circumstances) • Not to work either between 10pm and 6am or between 11pm and 7am (except in certain circumstances) • 12 hours rest between each working day • 2 days weekly rest and 30 minute in-work rest break when working 4.5+ hours

  4. Limits on working hours, rest from work and paid annual holidays • If more than one employer, aggregate number of hours worked by him for each employer • School or college time does not count as working time, unless it is part of job related training.

  5. Exceptions/special circumstances • Young workers employed on ships. Regs 5A, 6A, 7(2), 10 (2), 11(3) and 12 (4) do not apply as comes under Merchant Shipping Act 1995(a) • Young workers Force Majeure – unforeseen circumstances beyond employer’s control. Regs 5A, 6A, 10 (2) and 12 (4) do not apply if no adult worker available to do work

  6. Exceptions/special circumstances Reg 5A does not apply: • if need to maintain continuity of service or production or respond to surge in demand for service or product; • if work would not adversely affect young worker’s education or training.

  7. Exceptions/special circumstances Reg 6A does not apply: • Hospital/similar establishment; • Cultural, artistic, sporting or advertising activities.

  8. Exceptions/special circumstances Reg 6A does not apply to following industries but young worker can’t work between midnight and 4am: • Agriculture; • Retail trading; • Postal or newspaper deliveries; • Catering business; • Hotel, public house, restaurant, bar or similar establishment; • Bakery.

  9. Exceptions/special circumstances • If young worker has to work through a rest period/break: • he shall be supervised by adult worker where necessary for young worker’s protection; • He shall be allowed equivalent period of compensatory rest

  10. Common questions/breaches encountered • Q. Young worker on placement at a company via agency. Who is responsible for ensuring WTR compliance? • A. Agency but both companies have duty of care to young worker. • Young worker working nights cleaning at a college. Again, agency placed her in job and didn’t ensure WTR compliance.

  11. Common questions/breaches encountered • Apprentice technician made to work away over weekend by boss. Total disregard for weekly rest entitlement – referred to ACAS as rest entitlement.

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