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The Working Time Regulations (Northern Ireland) 2016

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Other exceptions relating to young workers

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35.—(1) Regulation 6 does not apply in relation to a young worker where—

(a)the employer requires the young worker to undertake work which is necessary either to maintain continuity of service or production or to respond to a surge in demand for a service or product;

(b)no adult worker is available to perform the work; and

(c)performing the work would not adversely affect the young worker’s education or training.

(2) Regulation 8 does not apply in relation to a young worker employed—

(a)in a hospital or similar establishment, or

(b)in connection with cultural, artistic, sporting or advertising activities,

in the circumstances referred to in paragraph (1).

(3) Regulation 8 does not apply, except in so far as it prohibits work between midnight and 4 a.m., in relation to a young worker employed in—

(a)agriculture;

(b)retail trading;

(c)postal or newspaper deliveries;

(d)a catering business;

(e)a hotel, public house, restaurant, bar or similar establishment; or

(f)a bakery,

in the circumstances referred to in paragraph (1).

(4) Where the application of regulation 8 is excluded by paragraph (2) or (3), and a young worker is accordingly required to work during a period which would otherwise be a rest period or rest break—

(a)the young worker shall be supervised by an adult worker where such supervision is necessary for the young worker’s protection; and

(b)the young worker shall be allowed an equivalent period of compensatory rest.

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