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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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my niece is 17 years old on 04-01-15 I am going to employ her

Customer Question

my niece is 17 years old on 04-01-15 I am going to employ her in December to care for my sister ( her aunty) who has learning disabilities.This will be a 24hr shift Sat 9am - Sun 9am but with a sleep-in am I right in thinking, because of her age, this can happen because its in a private household and involves family ?
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
Customer:

Hello my name is ***** ***** I am happy to help you today, is this a one off arrangement?

JACUSTOMER-hg3wh12j- :

Hi we are hoping it can be permanent as she has 3 days at college during the week

Customer:

Ok thanks I need to research the position on this as it is not a question we get asked very often. Is it ok if I get back to you on this tomorrow?

JACUSTOMER-hg3wh12j- :

yes thats fine

Customer:

thanks I'll get back to you then.

JACUSTOMER-hg3wh12j- :

Hi did you find the answer to my question?

Customer:

Hi unfortunately unless the work is carried out in her home then there is no exception the rule in the Working Time Regulations that a young worker may not work over 8 hours in one period or over 40 hours in a 7 day period. The reality though, is that only she could bring a claim against you , and given that she is related to you this is unlikely.

Customer:

I am sorry for the delay in responding I just wanted to check the position on family and private household but cannot find exceptions on that basis.

Customer:

If you have any further quesitons please do ask.

JACUSTOMER-hg3wh12j- :

sorry do you mean the aunties own home which it will be

Customer:

The regulations say the exceptions are work carried out at home the logical interpretation of that would be in your own home.

JACUSTOMER-hg3wh12j- :

ok many thanks

Customer:

HI I have just found something to help you.

Customer:

I am really sorry I don't know why it did not flag up the first look at the regs. As a young worker who is a 'domestic worker' the normal working hours do not apply. The regulations are set out in a confusing way so I am sorry I did not spot this in the first instance.