No DBS is required for staff supervising young people aged 16-17
The Disclosure and Barring Service (DBS) (formerly CRB) check is not compulsory for staff supervising participants aged 16-17. In the case of work experience, a DBS check will only be required if an employee’s specific job purpose includes looking after under-16 work experience students. Workers aged 16-17 who help or work with young people of their own age require a DBS check when taking part in volunteering, part-time work or unpaid work experience which involves a regulated activity with those under 18. This applies even if the individual is under 18 themselves. No DBS checks can be carried out on anyone under the age of 16. Employers can refuse requests by the education provider that checks are carried out for those aged 16-17. DBS checks can only be made for eligible roles which can be checked using the DBS Eligibility Tool. For more information, visit www.gov.uk/government/organisations/disclosure-and-barring-service
Liability insurance covers people on work experience
Individuals on work experience should be covered by the employer’s existing employers’ liability insurance policy, provided your insurer is a member of the Association of British Insurers. Find out more at www.abi.org.uk
Employers can use existing arrangements for assessments and management of risks to young people
Employers must manage risks for all workers, assessing any additional workplace risks for young people who are in a new working environment. For example their muscle strength may not be fully developed and they may lack the skills and awareness of more experienced workers. Whilst risks must still be assessed, if employers have fewer than five employees a written risk assessment is not required. However, if you have not taken on a young person in the last few years or are taking on a work experience student for the first time, it’s important to take care to identify the particular needs of the individual and review risk assessments before they start. If a work experience student increases staff levels to five a written risk assessment is not needed for the temporary period.
Health and safety guidelines made simple
In the past, work placement arrangements have sometimes been seen as over-bureaucratic. However, the Health and Safety Executive recently reviewed their guidance to make it easier and less burdensome for employers keen to offer work experience placements.
There are very few work activities a young person cannot do due to health and safety law. It’s important to remember that as an employer, you have primary responsibility for the health and safety of the student and should be managing any significant risks. But it’s easy to do this, by:
- explaining the risks and how they are controlled when inducting any individual undertaking work experience; checking that they understand what they have been told and know how to raise any health and safety concerns
- relying on past or pooled experience when thinking about health and safety
- keeping checks in proportion to the environment the young person will be working in – for further advice on health and safety, visit the HSE website.
Pay and duration of placement
Young people can be taken on by an organisation in a number of different ways. However, where an employer takes on a young person of compulsory school age, for a short-term work experience placement, they do not need to pay them for their time.
However, it is important that an employer understands the employment status and entitlement, including the right to National Minimum Wage (NMW) or National Living Wage (NLW), that apply to each individual in their organisation.
Employers should establish if any arrangements with makes them a ‘worker’ or an ‘employee’ for NMW/NLW purposes. It’s important to be clear about what is being offered on a work experience placement to ensure it adheres to entitlement guidelines.
For further details on the legal obligations for employing young people, read our employment law resource on ‘Recruitment’.
For more information about the entitlements of employees and workers, and the employment status of specific entitlements of Apprentices, those undertaking work experience placements, young people on traineeships, interns, agency workers and volunteers, visit www.acas.org.uk or www.gov.uk.