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Employment Legislation

 Employers

There are laws employers need to be aware of regarding their employees - not least of which is mandatory Employers Liability Insurance.

Some laws also specifically cover the employment of young people.

Although this area is not intended to give you the full chapter and verse on employment law, we have put together some information on the areas relating to young people that we are asked about most frequently.

For up to the minute, in depth information, access the website for the Department for Business Innovation and skills (formerly the Department for Trade and Industry)

Practical advice for business can be found at Business Link

For help with matters about general employment information, you can call the Advisory, Reconciliation and Arbitration Service (ACAS) National helpline on 08457 47 47 47.

There are many other employee rights we have not covered here, such as flexible working hours, maternity and paternity leave etc.

Our experienced Vacancy Services Team can help you with advice and signposting about these regulations, if required.

Telephone: 0845 602 0307 - 9am to 5pm Monday - Friday

Employing School Leavers

If you are considering a young person who is 16 years of age (or 15 years but will be 16 by the end of August) and attending school in year 11, then they cannot legally start full time work until the end of June. Recruitment can, of course, start before this date.

Time off for Study or Training

You are not obliged to offer training - though it has been proven that the benefits of well trained staff include improved work performance, staff retention rates and flexibility in the workplace.

However, the Teaching and Higher Education Act 1998 provides some young people with the right to paid time off for study or training.

Should a young person aged under 18 (and in some cases between 18-24) have less than 5 GCSEs A-C, or equivalent, they are entitled by law to reasonable “Time off for Study or Training”.

Who is eligible?

  • Employees aged 16 or 17
  • Not in full time secondary or further education 
  • Who have not achieved a qualification at NVQ level 2
  • 18 year olds will be entitled to complete study or training they have already begun.

Level 2 means

  • 5 GCSEs grades A-Cor
  • An NVQ level 2 or
  • An intermediate GNVQ, or a BTEC First, or another specified qualification.

What is “Time off”?

This could mean day release to college, block release, workplace training, training with a training provider or open or distance learning. There are no fixed rules, but account needs to be taken of the requirements of the study or training, the circumstances of the business of the employer and the effect the employee’s time off would have on the running of the business.

For further information visit the dfes website.

Working Time Regulations

Legislation called the “Working Time Directive” was introduced in 1998 and amended in 2003 to provide enhanced rights to workers under the age of 18 and to ensure that all workers do not have to work excessive hours.

Young workers aged 16 to their 18th birthday

  • May not ordinarily be employed for more than 8 hours per day
  • May not ordinarily be employed for more than a maximum of 40 hours per week (including overtime)
  • Are entitled to 12 hours consecutive hours of rest in each 24 hour period
  • Are entitled to minimum 30 minutes rest break when they work more than 4½ hrs
  • At night are usually prohibited from working between 10pm and 6am or 11pm and 7am, although there are some exemptions (workers in hospitals, catering, postal deliveries)

The maximum for those workers over 18

  • 48 hours per week, including any overtime (but with the option to opt out at any time)
  • A rest break of at least 20 minutes after 6 consecutive hours of work

For help with matters about time off, rest breaks, paid annual leave and other general employment information call the Advisory Conciliation and Arbitration Service (ACAS) National helpline on 08457 47 47 47 or go to the ACAS website www.acas.org.uk

You can also find further information on the Department for Business, Enterprise & Regulatory Reform (previously the DTI) website.

National minimum wage

Rates of pay are determined by the National Minimum Wage (NMW).

You may choose to pay your employee more than the National Minimum Wage. 

For an Apprenticeship starting between the ages of 18 and 24 the employer is exempt from paying the National Minimum Wage for 1 year only.

Rates of pay change each year, for up to date information contact the National Minimum Wage Helpline: 08456 000678

You can find further information at the BERR (Department for Business Enterprise and Regulatory Reform) website.

Health and Safety (Protection of Young People at Work)

You are required by law to ensure the health, safety and welfare at work of your employees.

Through regulations introduced by the European Directive on the Protection of Young People at Work (the Young Worker Directive) employers must carry out a risk assessment specifically taking into account the young person’s possible lack of awareness of existing or potential risks due to immaturity and inexperience.

To assist those responsible for assessing the risk factors, you can obtain a copy of a guidebook called “Young People at Work - a Guide for Employers” by phoning the Health & Safety Executive on 01787 881 165 or visit the website.