Volume 14 - April 2001

Young Workers

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Young Workers

Employees under 18 who are not in full time further education for 12 hours a week or more have the right to paid time off for study or training (Right to Time off for Study or Training Regulations 1999, SI 1999 No 986). This right applies if the young employee has less than five GCSEs at Grade C or above, or equivalent. Workers who are already 18 but are in the middle of studying also qualify. There is no qualifying period of service to obtain this right.

Time Off?

It does not necessarily follow that the young employee needs to be away from the work place in order to study. Study/training can be done at work, on the job, or at the workplace as well as in a college, with an approved training provider, through distance learning or at home.

Employees are entitled to a reasonable amount of time off in all the circumstances. This will take into account the type of course or training as well as the effect of the 'time off' on the running of the business. There is no small employer exemption, but as a matter of practicality, smaller organisations may have more lee way in terms of the effect on the running of the business.

Young workers who fail to attend college or formal courses will be subject to the normal disciplinary sanctions.

Calculating Pay

Employees should be paid for the time taken off at the 'appropriate hourly rate'. usually this is the week's pay divided by the normal working hours under the contract. Where the normal working hours differ then pay is calculated by averaging over the preceding 12 c0mplete weeks before study leave began.

Remedies

If the employer unreasonably refuses time off, or does not pay the amount due, the employee may complain to an employment tribunal within 3 months of the date of the refusal or the date of the leave. Employees subjected to a detriment or dismissed for seeking to assert this statutory right can complain to a tribunal.

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Young Workers Consultation

The DTI is considering responses to consultation about amending Working Time regulations in respect of Young Workers. They propose that:

• no young worker should work more than 8 hours a day, a maximum working week of 40 hours
• no op-out
• no provision to average over several weeks
• no work between midnight and 4am (certain sectors are excluded)
• no night work between 10pm and 6am or 11pm and 7am (additional sectors are excluded)
• compensatory rest for young workers who are excluded from
• the night working provisions
• exclusions from employers within the permitted sectors
• still need to be justified
• The deadline for consultation was 30 March. The paper is available on www.dti.gov.uk.

Further information is available on the DFEE website at www.dfee.gov.uk/tfst.htm

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