Are you employing a young worker?

As we approach September employers might be gearing up for welcoming new apprentices to the yard.

An apprentice can be any age, but often they are young workers under 18.

Young workers are classed as those aged 15, 16, or 17 and are of legal school-leaving age.

The school leaving ages are different in England, Wales, and Scotland and what school leavers must do until they are 18 years old also differs.

Young people in England must remain in education or training, whereas those living in Wales or Scotland can start full-time employment.

It’s worth noting at this point that employing people under the legal school leaving age will be restricted and usually requires a permit from their local authority. Employing someone of this age without a permit will mean that employers are not insured against accidents involving the child.

Working hours and rest breaks

Under the Working Time Regulations 1998, young workers aged 15 -17 have additional rights in relation to their working hours and rest breaks. The key points are:

• They must only work a maximum of 8 hours per day and 40 hours per week.
• They must have a 30-minute break after they have worked a block of 4.5 hours.
• There must be at least 12 hours of rest between finishing work on one day and starting work on the next.
• They must have at least 48 hours of consecutive rest each week (E.g., 2 days off together).
• Night working is restricted, and it is against the law for a person under 18 to work between the hours of midnight and 4 am.
• They are entitled to at least the statutory holiday entitlement.

What about overtime? A young worker can work overtime, but only where this does not exceed 8 hours in a day and 40 hours in a week, and it must be paid to ensure pay does not fall below the National Minimum Wage. The hours in which a young worker is at work must be closely monitored to ensure employers are compliant with the Working Time Regulations.

A specific risk assessment should always be carried out when there are young workers on the yard. Young workers should not be relied upon for sole charge, or for anything that is above their skill level. They should be able to learn in a safe environment enabling them to build competence and confidence over time.

So, what changes once a worker reaches the age of 18?

• The maximum number of hours a person can work in a week increases to 48 hours (this can be more if the employee chooses to waive their rights, but the employer cannot enforce this).
• Although there is no maximum daily number of hours that someone can work there must be a period of at least 11 hours between finishing work one day and starting work the next day.
• There must be a rest break of at least 20 minutes after a block of 6 hours has been worked.
• Weekly rest of 24 hours in any 7-day period, or 48 hours in a 14-day period.
• Night working is less restrictive, but individuals must not work more than 8 hours in a 24-hour period on average.
• Any overtime worked must either be paid or given as time off in lieu to ensure that pay does not fall below the National Minimum Wage.

The Equestrian Employers Association has been created to help employers of all sizes of business to be compliant, thereby helping you to protect your business.

Your team are key to the performance and development of your business which is why looking after them is so important.