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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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limits on working hours rest from work and paid annual holidays
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.
limits on working hours rest from work and paid annual holidays1
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
limits on working hours rest from work and paid annual holidays2
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.
exceptions special circumstances
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
exceptions special circumstances1
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.
exceptions special circumstances2
Exceptions/special circumstances

Reg 6A does not apply:

  • Hospital/similar establishment;
  • Cultural, artistic, sporting or advertising activities.
exceptions special circumstances3
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.
exceptions special circumstances4
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
common questions breaches encountered
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.
common questions breaches encountered1
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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