The Legislation relating to employment of children & young persons
Children and Young Persons
· Children are those of compulsory school age.
· Young Persons are those over compulsory school age but under 18 years.
NOTE: Compulsory School Age ends for children on the last Friday in June in the school year in which they reach the age of 16 years.
Employing Children
In most circumstances no child under the age of 14 years may be employed. However, local authority bye-laws may specify certain categories of light work (e.g. delivering newspapers and shop work) that can be undertaken by 13 year olds. Local authorities may vary regarding some bye-laws so it is important to check in the district where the child is to be employed.
Any child who works whether paid or unpaid (even helping out in the family business) needs a work permit. Application forms can be obtained from the local authority.
Children do not pay National Insurance. The National Minimum Wage does not apply.
Children may not work:
(a) during school hours on school days.
(b) before 7.00 am or after 7.00 pm
(c) more than 2 hours on school days or Sundays.
Children aged 15 years or more may work up to 8 hours per day or 35 hours per week on non-school days other than Sunday.
Children under 15 years may work up to 5 hours per day or 25 hours per week on non-school days other than Sunday.
Children may not work for more than 4 hours in any day without a rest period of one hour.
Children may not work at anytime unless at least 2 consecutive weeks without employment are available during non-school periods in any year.
The Health & Safety (Young Persons) Regulations 1997 (see below) also apply to children.
As employees children are entitled to a written statement of their basic terms and conditions in the same way as adults. They are also entitled to at least the minimum statutory notice terminating their employment.
NOTE:
· You must have a valid Work Permit for any child you employ.
· You could be fined up to £1000 for each child working for you without a permit.
· You must have employer’s liability insurance. Check with your insurers where children employed.
Employing young persons
In general the rights and responsibilities will be the same as for adults with certain important differences.
Young persons are liable for National Insurance Contributions. They became entitled to a National Minimum Wage from 1st October 2004. (see ISVG)
The Health & Safety (Young Persons) Regulations require employers to protect under l8 year olds from dangerous or risky workplace practices. Failure to do this is a criminal offence.
The regulations require:
ASSESSMENTS
Under 18s cannot be employed before there has been an assessment of their ability to work unless they are involved in occasional or short-term work involving domestic service in a private household or work in a family undertaking which is not regarded as damaging or dangerous to young people.
PARENTAL INFORMATION
Under 18s cannot be employed until their parents have been given information on health and safety risks shown by the assessment, preventative and protective steps by the employer and any risks notified to the child by other statutory regulation.
PROTECTIVE OBLIGATION
Employers are expressly obliged to ensure that under 18s are protected at work from health and safety risks arising from their lack of experience or immaturity. Specifically the work must not:
(a) be beyond their physical or psychological capacity;
(b) involve harmful exposure to radiation or the like;
(c) involve the risk of accidents which young people cannot recognise or avoid because of their lack of attention to safety, experience or training; or
(d) involve risks from extreme temperatures, noise or vibration.
However, this does not apply to those over school leaving age if the risks are necessary for training, he/she will be supervised by a competent person and any risk will be reduced to the lowest level possible.
The Working Time Regulations apply to Young Persons as follows:
1. a maximum working day of 8 hours (breaks not included as working time)
2. a maximum working week of 40 hours (they cannot be averaged and the employee cannot opt out)
However longer hours could be worked where necessary to maintain continuity of service or production and no adult available to perform the task and provided young persons training needs not adversely affected.
3. an absolute ban against night work between midnight and 4 a. m
4. a restriction on working at night between 10pm (or 11pm) and midnight and 4a.m and 6 a. m (or 7a.m) except in certain types of employment such as retail trading and delivering newspapers and provided it is necessary to maintain continuity of service or production and no adult is available to perform the task. Also the young persons training needs must not be adversely affected.
5. Rest periods of 12 uninterrupted hours in each 24 hour period in which they work and 2 consecutive days in each week.
6. a rest break of 30 minutes after 4½ hours work at a stretch.
7. 4 weeks paid annual leave. Since 1 April 2009 5.6 weeks.
In certain circumstances and subject to conditions young workers have a right to request a ‘reasonable’ amount of paid time off for study or training.
All PBS Information Sheets are designed to provide the detail you need to implement best business and employment practices. They are not a detailed commentary on the current law and where advice is needed in a specific case you should contact PBS for expert consultation
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