40-hour limit for young workers

A young worker’s maximum working time may not exceed eight hours a day or 40 hours a week (WTR regulation 5A) and there is no averaging (over a reference period) or individual opt out from this limit. In this case a week is defined as starting at midnight between Sunday and Monday. The employer must “take all reasonable steps” to ensure compliance. Government advice confirms: “16 and 17-year-olds can’t normally work more than eight hours a day or 40 hours a week” but there are circumstances where the limits do not apply (WTR regulation 27A):

• where the employer requires the young worker to undertake work which is “necessary either to maintain continuity of service or production or to respond to a surge in demand for a service or product”;

• where there is no adult worker “available to perform the work”;

• where performing the work “would not adversely affect the young worker’s education or training”;

• for young workers in domestic service;

• in emergency situations (“force majeure”), although in that case the young workers would be entitled to compensatory rest.