Engaging Young Workers

Following the recent GCSE results cycle, employment businesses and agencies may find themselves approached by young people aged between 16 and 17 for work opportunities.

Employers have specific legal obligations when they engage young people. In these scenarios an employer is either an employment business engaging workers for temporary work or a client using the services of an employment agency to introduce them to candidates for permanent work.

Under the Education and Skills Act 2008, there is a requirement for young people in England to remain in education and training. The Act applies to any person who:

* Is a resident in England,
* Has ceased to be of compulsory school age,
* Has not reached the age of 18, and
* Has not attained a ‘level three qualification’ (two A-levels, or various other broadly equivalent qualifications).

Full time education includes appropriate full-time education, training or training in accordance with a contract of apprenticeship or an apprenticeship agreement. The Act does not apply to those in Wales, Scotland and Northern Ireland, where individuals do not have to undertake education or training once they have reached school leaving age.

Alternatively, 16- and 17-year-olds who are neither in full-time education nor training can instead be in:

“Full time occupation”, which means working under a contract of employment or as a self-employed person for at least 20 hours per week, and for which the expected duration of the contract or arrangement is at least 8 weeks; and

Participating in “sufficient relevant training or education in each relevant period”, for those in full-time occupation, meaning a minimum of 280 hours of guided learning per year or the equivalent pro rate for shorter periods.

Because of these requirements employment businesses are unlikely to be able to supply young workers to their clients on a contract for services as these are unlikely to meet the definition of “full time occupation”. Employment businesses engaging young workers under a contract of employment and agencies introducing them for permanent work must also be mindful of these requirements when introducing young workers for permanent work as they will need to consider whether a role put forward by a client complies with the requirements of the Education and Skills Act.

We must also be aware of our obligations regarding health and safety and working time limits for young workers, which apply to England, Wales, Scotland and Northern Ireland.

Credit: REC