For many employers employing young people seems just a bit tricky because they “do not know much” and there are legal restrictions which make it seems more problematic. In Personnel Today and Learndirect’s research into recruiting young people, almost nine in 10 employers said they felt school leavers were not ready for the world of work at 16, and 70% had no plans to take a young person on straight from school. We do not share these fears and believe employers should be employing young people. There are legal obligations but they are not unduly onerous to employers who are already taking their obligations to their employees seriously.
Definitions
A young person is under eighteen years old and over school leaving age.
For the purposes of this article we are not talking of children who are below school leaving age. The rules on employing children are very strict and there are also local authority bylaws to be aware of as well which usually involve employers completing forms which get sent to the local authority for approval, prior to ‘employing’ children. The exception to this being if an employer is providing work experience through schools.
Starters
Under health and safety law, every employer must ensure, so far as reasonably practicable, the health and safety of all their employees, irrespective of age. As part of this, there are certain considerations that need to be made for young people.
The law recognises that young people at work may be at particular risk because of their:
- possible physical and psychological immaturity;
- lack of awareness of the risks involved in the work they may be asked to do;
- ignorance of risks associated with plant, equipment and substances;
- eagerness to impress or to please; and
- tendency to high spirits;
Prohibitions
Except where it is necessary for their training and where they are supervised by a competent person and where the risk will be reduced to the lowest level reasonably practicable, young people are prohibited from doing work which:
- is beyond their physical capacity;
- could expose them to toxic carcinogenic, mutagenic, teratogenic agents, or anything which can chronically affect human health;
- could expose them to harmful radiation;
- involves accident risks which cannot be recognised by young persons; and which involves; and
- risks to health due to extreme heat or cold, noise or vibration;
To determine whether unacceptable risks are present from these sources, employers must take account of the results of risk assessment, making sure it takes into account a young person’s attributes and limitations. Risks have to be assessed before young people start work. Where they are under the minimum school leaving age, there is a requirement to provide information on risks and control measures to parents/ guardians before work starts. Workers between school age and 18 may only be employed in certain dangerous environments if it is necessary for their training, provided they are supervised, and if the risks are minimised.
Induction
Training of young people takes a bit more planning and implementation because most young people lack the work experience that older workers possess. The important thing to remember is that all the things we take for granted at work will be new to them, so do not assume that they know what we know.
Pay
Workers above school age but below 18 are entitled to the minimum wage of £3.79 per hour up to the end of September 2015 when it will increase to £3.87. The Apprentice wage is currently £2.73 per hour but will increase to £3.30 on 1st October.
Hours of Work
A young worker cannot usually be made to work more than eight hours per day or 40 hours per week. A daily rest break should be provided of not less than 12 hours in each 24-hour period during which the young worker works for his or her employer, which could be interrupted where the periods of work are split up over the day or are of short duration. A rest break for the young worker should be given of at least 30 minutes after 4.5 hours work, which shall be consecutive if possible, and the worker is entitled to spend it away from his or her workstation if applicable. They are entitled to a weekly rest period of 48 hours in every seven-day period, which could be interrupted where the periods of work are split up over the day or are of short duration and may be reduced to not less than 36 hours where this can be justified by technical or organisational reasons. Young workers cannot easily do night work.
Time Off
Since 1999, young employees who are eligible have been entitled to reasonable paid time off, for study or training purposes. This applies to employees:
- Who are aged 16 or 17 and who left school or college with few, if any, qualifications are entitled to reasonable paid time off for study or training to get NVQ Level 2 or specified equivalents.
- Who are 18, and who had already begun their study or training with another employer, and who subsequently changed jobs. In this situation, the young person will be entitled to complete their course or study or reach the age of 19.
These rights apply where the 16 or 17 year old worker in question has not reached the prescribed standard of education or training and is not receiving full time secondary or further education. The Regulations put no figure on how much time off would be considered reasonable, but a government guide suggests that one day per week would be reasonable.
Problems – Grievances & Discipline
Unless contractually entitled, no employees have a statutory right to be accompanied by a family member at a disciplinary or grievance hearing, unless the family member is a work colleague or trade union official, in which case he or she will be a permissible companion, under the statutory right to be accompanied. However, there is nothing to prevent an employer from allowing a worker to be accompanied by a family member and it may well be appropriate to allow this in the case of young people.
Guidance
The following steps may help to create a suitable working environment for young people and help demonstrate compliance with safeguarding duties:
- Consider ensuring young people have “buddies” and/or mentors when they join so they can ask questions.
- Ensure that any young people are managed by a suitably trained manager, and that a senior manager has overall responsibility.
- Appoint a Manager to oversee the supervision of young people in the workplace, and arrange training for relevant members of staff.
Conclusions
Fear of red tape and confusion around funding means many businesses fail to recognise the benefits of recruiting young people, when in fact they can help push growth. With greater clarity around how to make the most of youngsters, many more organisations could be using them as a way to boost productivity now and in the future.
Young people, although often perceived to lack the necessary attitudes, behaviours and communication skills for the workplace, can be a real asset to an employer. Taking on a young person offers businesses an opportunity to develop a talent pipeline for the future, if the recruitment and development of that person is managed correctly.
Our Consultant would be pleased to advise you on any element of the issues arising from this newsletter.
