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Many
Learning Centres continue to offer the ‘day release + evening’
mode of attendance to their learners. This mode has been widely
applied to apprentices studying toward ‘technical certificate’
qualifications and has been a feature of apprentice training for
several generations.
If
your Centre currently offers this mode of attendance then you
might well be contravening The Working Time Regulations 1998
and/or The Working Time (amendment) Regulations 2002.
You
can use these links to explore the details.
http://www.opsi.gov.uk/si/si1998/19981833.htm
http://www.opsi.gov.uk/si/si2002/20023128.htm
According
to The Working Time Regulations 1998, Part 1 ‘General’,
Section 2 ‘Interpretation’
"working
time", in relation to a worker, means -
(b) any period during which he/she is receiving relevant training
According
to The Working Time (amendment) Regulations 2002, Item 6
A
young worker's working time shall not exceed -
(a)
eight
hours a day, or
(b) 40
hours a week.
According
to the Working Time Regulations 1998, Part 1 ‘General’,
Section 2 ‘Interpretation’
‘young
worker’ means a worker who has attained the age of 15 but not
the age of 18 and who, as respects England and Wales, is over
compulsory school age (construed in accordance with section 8 of
the Education Act 1996) and, as respects
Scotland, is over school age (construed in accordance with section
31 of the Education (Scotland) Act 1980)
So,
if you have employed students, under the age of 18, attending your
learning centre for ‘relevant training’, and attending classes
for more than an 8 hour day (not counting rest periods, lunch,
tea, etc), then you are probably contravening The Working Time
Regulations!
It
would seem that it is the employer’s responsibility to take all
reasonable steps, in keeping with the health and safety of
workers, to ensure that the 40 hour limit is complied with.
The
regulations provide that any legal proceedings would be taken
against the employer. However,
this could lead to the employer suffering a financial loss which
could prompt the employer to bring a legal action against your
Centre.
What
you are doing could be worth a review!
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