Special Cases

Young Workers
Young workers are those under the age of 18

Young workers are defined as having reached the age at which compulsory schooling is no longer in effect (usually 15 or 16 depending on the birthdate), and under the age of 18.
The law states that children are allowed to work if they are 14 or older, but local legislation can change this to as low as 13 for some jobs.
Children under the age of 13 are usually not allowed to work, except in circumstances, such as performances and sports, which have specific licences to employ children under 13 years of age.

Minimum Wage Issues
Under 16, there is no minimum wage, whether or not you are classed as a young worker.
For workers aged 16 (who are above school leaving age) and 17, the current rate of pay is £3.40.

Rest Periods
Young workers are entitled to longer rest periods than other workers. Workers aged 16 or 17 should have at least 12 hours consecutive rest per 24-hour period. Similarly, young workers are entitled to greater rest periods during a working day. If you are working for over 4 and a half hours, you are entitled to 30 minutes of uninterrupted break time.
You are also not usually allowed to work for over 8 hours per day or 40 hours per week, nor are you usually allowed to work overnight between 10pm and 6am, or between 11pm and 7am.

Part-Time Workers
There is no real threshold for what classifies as a part time worker. Anyone who does not classify as a full time worker is considered part time.

It is illegal for your employer to discriminate against you if you work part time, and it is up to an employment tribunal to decide whether you are being discriminated against, and if that discrimination is justifiable. This right to equal treatment also extends to training opportunities, no matter how few or how many hours you work.

Working Students
Student workers have very few different rules compared with other workers. While students do not have to pay tax on loans, you must still pay income tax if you earn over £4,895 per year and you may wish to contribute to National Insurance.
Similarly, you have the right to union membership, the same amount of paid holiday, the same number of rest periods, and so on, as you would if you were not a student.

The main difference between students and non-students is if you are an international student. Depending on your situation, particularly with regards visas, you may not be allowed to undertake paid employment. If your visa stamp reads 'Prohibited', you are not allowed to work in the UK. If your visa stamp reads 'Restricted', you may work in the UK under certain conditions:

  • You may only work for up to 20 hours per week.
  • You must be on a full time course of 6 months duration or longer. However, you may work full time hours during holiday periods.
  • During placement years of your course, you may work full time so long as you do not set up your own business or become self-employed.

If you have come from any member state of the European Economic Area (EEA), you have the same right to work as any British student.
International students must also pay the same rate of tax and National Insurance as UK citizens.

Agency Workers
Since employees have more rights than workers, it is important to understand whether or not you are an employee. The law here is ambiguous, but there are indicators that can suggest one way or another. You are likely to be an employee if:

  • Your terms and conditions of work are decided upon by the company at which you are working.
  • You have access to grievance procedures at work.
  • You have worked there for a long time.

Hours of Work and Time Off
You have the right to work no more than 48 hours per week. Your agency may wish you to sign a waiver for this clause, which allows you to work for more hours, but this is not compulsory. It is illegal for anyone to force you to sign this waiver.
The waiver is averaged over 17 weeks. In other words, you may work over 48 hours in some weeks, but this must be counterbalanced by other weeks in which you do not work as many hours.
In terms of rest periods, you have the right to the same amount of rest as any other worker. Young workers at agencies still also receive longer rest periods.
You are also entitled to paid leave, although this is often on the basis of accrual of holiday hours over time.

Maternity/Paternity leave and Pay
Only employees are automatically entitled to maternity leave. However, if you meet certain criteria, you are still eligible for statutory maternity pay. These criteria are:

  • You have ceased to work due to pregnancy.
  • You earn above a minimum amount (around £82 per week, before tax deductions) in your job.
  • You have worked for the same agency for 26 weeks continuously.

You may also be able to take paternity leave, so long as you are an employee, and it is illegal for your employer to try and stop you from taking that leave, or firing you because of it.

Unions
You are allowed to join a union as an agency worker. In many respects, since agency workers are some of the most vulnerable workers, this is to be encouraged even more strongly than usual.

Migrant Workers

Registering for Work
You will need to register for work if you wish to work in the UK. Initially, all foreign nationals will need to register, including members of the EU. After 12 months working in the UK, EU members will have full rights, just like UK citizens.
The charge for a first application is £70, and your registration form is reference EEA1.
You will also need a National Insurance number in order to work, and this will be given to you once you find employment.
If you need more information or assistance, the Immigration and Nationality Enquiry Bureau can help. Their hotline number is 0870 606 7766.

Rights for Migrants
Once you have permission to work in the UK, you are entitled to the same rights as any other UK worker. You cannot be discriminated against because you are an immigrant, and you can join a union.
Unfortunately, if you have arrived in the UK to seek asylum, the law gives you very little protection and you are not legally allowed to undertake paid or voluntary work. If you do choose to work illegally you are at risk of arrest or deportation.
You are still able to join a union, and you are encouraged to do this in order to protect the few rights you do have. However, since you are not covered by UK employment law, you are not entitled to things such as a minimum wage, health and safety protection, and your employer can sack you at any time for any reason and there will be little you can do about it.