Section 9: EMPLOYING CHILDREN AND YOUNG PEOPLE AT THE UNIVERSITY
Requirements relating to the employment of young people
9.1 There are a number of restrictions affecting the employment of children and young people. Most of the statutory restrictions relate to health and safety, working hours and training.
9.2 An employment contract for young people is one of the exceptions to the general rule that contracts with a minor are unenforceable.
Training
9.3 An employee aged 16 or 17 has a right to take time off work for study or training leading to a relevant qualification. The amount of time that may be taken is that which is reasonable, taking into account the nature of the training or study and the needs of the employer.
Working Hours
9.4 Under the Working Time Regulations 1998, young workers are entitled to:
o A health and capacities assessment before being required to perform
night work, and periodically thereafter
o o A minimum rest period of 12 hours in every 24 hours
o Two days off per week
o A minimum 30-minute rest break after 4½ hours of continuous work
Health and Safety
9.5 In terms of health and safety, the relevant legislation is the Management of Health and Safety at Work Regulations 1999. In this context, all those under the age of 18 are included. Before young people start work, the employer must carry out a risk assessment to include:
(i) the inexperience, lack of awareness of risks and immaturity of young people
(ii) the fitting out of the workstation and area of work
(iii) the nature, degree and duration of exposure to physical, biological and chemical agents
(iv) the form, range and use of work equipment, and the way in which is handled
(v) the organization of processes and activities
(vi) the extent of the health and safety training provided or to be provide to young people
9.6 Employers must ensure young people are protected at work from any risks to their health or safety because of their age and inexperience, and must not be given work that is beyond their physical or psychological capacity.
Managerial Responsibility
9.7 It is the responsibility of the head of department concerned to ensure the implementation of the requirements set out above, including ensuring the proper undertaking of any risk assessment.
Sources of Information
(a) University Information
Guidance for Manager and Supervisors on Employment and Work Experience for Young Workers
Briefing for Young Workers in Employment and on Work Experience: An Aide Memoire
Questions that Might be Asked When Offering Work Experience
Risk Assessment and Young Workers or Work Experience Participants
(b) External Information
Department for Education and Skills
Health and Safety Executive
HS(G)165 Young People at Work - A Guide for Employers
Health and Safety Executive (2002) The Right Start - Work experience for young people INDG 364.
Health and Safety Executive (2000) Health and safety of children and young people in catering CAIS 20
