Young worker’s directive to be implemented - finally!

The Government has finally published draft regulations implementing the remaining provisions of the Young Worker’s Directive (EC No 94/33). Although some provisions of the Directive were implemented in 1998, the UK took advantage of a time-limited opt out allowing it not to implement other provisions immediately. However, even that opt out expired in on 22nd June 2000 and the Government has done little to remedy this until now.

In December 2000 the Government issued a consultation document inviting views on implementation. Consultation on that expired on 30 March 2001. On 14th June 2002 the Government issued a further consultation document including draft regulations. Consultation on this ends on 6th September 2002. The Government has announced its intention to make amending regulations rapidly once the consultation is complete. Therefore, changes to young workers rights are likely to be introduced well before next spring.

At present young workers (defined as those over the minimum school leaving age but under 18) are entitled to 12 consecutive hours’ rest between each working day, two consecutive days weekly rest and a 30 minute in-work rest break when working longer than four and a half hours.

These provisions will not change. However there will be additional rights for young workers. These include:

1. Young workers may not ordinarily work more than 8 hours a day or 40 hours a week, nor at night between 10pm-6am or 11pm-7am;

2. Young Workers may only work longer hours in certain circumstances. These include where it is necessary to maintain continuity of service or production or to respond to a surge in demand for a service or product and where an adult is not available to perform the duties and the training needs of the young worker concerned are not adversely affected.

3. Young workers may work between Midnight and 4am (provided certain safeguards are met) only in certain specific sectors. These include hospitals, and those employed in connection with cultural, artistic, sporting or advertising activities.

These changes will not affect Young Workers who are seafarers, who work in sea fishing or are part of the armed forces.

Businesses employing young workers should now review their policies so that any changes necessary can be introduced in good time. Small businesses and the manufacturing, construction and hotel and catering industries are most likely to be affected.

For further information, please contact Simon Jeffreys at [email protected] or on +44 (0)20 7367 3487 or Anthony Fincham at [email protected] or on +44 (0)20 7367 2783 or Alex Green at [email protected] or on +44 1224 622022