Working time regulations employing young workers
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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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Working Time Regulations – employing young workers

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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

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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