There are legal restrictions on the hours someone can work, these are in place for the health and safety of workers to ensure they receive adequate breaks and to meet the University’s duty of care.
Regulations for adult workers
Adult workers must have:
- A break of at least 20 minutes (TES recommends at least half an hour) if working for longer than 6 hours
- A minimum daily rest period of 11 consecutive hours in every 24
- A minimum weekly rest period of 24 uninterrupted hours for each 7-day period (in addition to the 11 hours' daily rest) or alternatively of 48 hours (in one uninterrupted block or two blocks of 24 hours, again in addition to the 11 hours' daily rest) for each 14-day period.
- A limit to weekly working hours, which must not exceed 48 hours on average – there is an opt out available for this but any request for this must be discussed with the TES Team Leader.
Please note that breaks are unpaid. Subject to the above, the length and timing of breaks must be agreed with your line manager/supervisor.
Regulations for children and young workers
There are additional regulations covering the work of children and young workers. These regulations must be adhered to and TES will not pay for hours worked outside these regulations.
The definition of a child for work purposes is someone who is between 13 years old and school leaving age. In England, you can leave school on the last Friday in June as long as you’ll be 16 by the end of that year’s summer holidays. Work cannot be undertaken before the age of 13.
- A work permit issued by Cambridgeshire County Council – the details on this may be more restrictive than the below regulations and must be adhered to. Work permits are issued for a specific role and so the role must not be changed without a new permit being received. If the work permit is withdrawn the work must cease immediately.
- 2 consecutive weeks free from work during the school holidays in each calendar year
- A risk assessment (HR33) is required with the results communicated to TES, relevant staff and the child’s parents.
- All members of the department/institution who will be working with the child must have read the Children and Vulnerable Adults Safeguarding Policy.
- Work more than 4 hours in a day without a rest break of 1 hour
- Work after 7pm or before 7am
- Work more than 2 hours on a school day and not for more than 1 hour before school
- Work during school hours
- Work more than 12 hours a week during term time, including weekend working
- Work more than 2 hours on any Sunday
- Do anything other than light duties
13 and 14
Maximum of 5 hours
Maximum of 5 hours per day
Maximum of 25 hours per week
15 and 16
Maximum of 8 hours
Maximum of 8 hours per day
Maximum of 35 hours per week
The definition of a young worker is someone who is above school leaving age but less than 18 years old.
- A break of at least 30 minutes if they are working for longer than 4.5 hours
- A minimum daily rest period of 12 consecutive hours in every 24
- A minimum weekly rest period of 48 uninterrupted hours for each 7-day period (in addition to the 12 hours' daily rest).
- A maximum of 8 hours work per day
- A maximum working week of 40 hours per week
- A risk assessment (HR33) is required with the results communicated to TES and relevant staff.
- All members of the department/institution who will be working with the young worker must have read the Children and Vulnerable Adults Safeguarding Policy.
- Work between 10pm and 6am. There are some sector exceptions to this stipulation – speak to TES for advice on these.
Young people who have not attained a level 3 qualification are required to continue to participate in education or training. Before taking on a young worker who is expected to be working for at least an average of 20 hours per week for at least 8 weeks, it must be established that the young person has made appropriate arrangements for education or training. Before work can commence TES will require an official letter from the education provider to confirm that appropriate education is being undertaken.