Young Worker Employment Contract

This Young Workers Employment Contract is designed for employers who take on school leavers aged 16 to 18. It is a fixed-term contract and reflects the special rules that apply to young workers under the Working Time Regulations 1998, including limits on the hours they can work and the times they can be asked to work.

Employers must provide workers and employees with a written statement of their main terms and conditions of employment, often known as a Standard Form Section One Statement. This contract covers those requirements and must be provided to the employee or worker by day one of employment.

Working time rules for 16 to 18 year olds

This contract is intended to take account of the regulations relating to the employment of minors. While it allows for flexibility and changes to working hours, it is designed to keep working arrangements within the constraints that apply to young workers.

It also includes provision for the employer to adjust working hours once the employee turns 18.

Fixed-term contract - ending the contract and dismissal risk

Although a fixed-term contract is agreed to be temporary, expiry of a fixed-term contract is still a dismissal from a legal perspective. Employers should therefore ensure they act reasonably when ending the contract.

Generally, such a dismissal will be fair, but it is important that the expiry of the fixed term is the real reason for the dismissal and that the employer acts reasonably in terminating the employment.

Early termination clause and avoiding breach of contract

The contract includes a clause allowing the employer to terminate the fixed term early without facing a potential claim for damages equivalent to the pay and benefits the fixed-term worker would have received up to the date the contract was due to end.

This gives the employer the option to end the contract early - for example, in the event of a downturn in business - without being in breach of contract. Without this clause, the employee may be entitled to sue the employer for damages.

Health and safety risk assessment for young workers

Employers should be aware that, under the Management of Health and Safety at Work Regulations 1999, they must not employ a young person unless they have carried out a risk assessment in relation to risks to the health and safety of young people.

There is no need to carry out a new risk assessment every time a young person is employed, provided the current risk assessment takes account of the characteristics of young people and activities that present significant risks to their health and safety.

A risk assessment form adapted for employers looking to recruit a young worker is available in the Health and Safety folder.

Young Worker Employment Contract is part of Employment. Just £38.50 + VAT provides unlimited downloads from Employment for 1 year.