Can I Employ Children In My Business?

What is the definition of a Child?

• Someone who is still required to be in school under national law, this definition stops when the child has their 16^th birthday and is being employed after the last Friday in June in the school year they turned 16.
• For example, if a child turns 16 in February of a given year, and becomes employed in March of that year, they are still a child and would have to be safeguarded as a child by any employer until the last Friday in June of that school year they turned 16.
• However, if the child is aged between 13 and 15 there may be further restrictions and it is important to check with your local authorities’ byelaws depending on the area your business is located.
• This Definition comes from the Children and Young Persons Act 1933.

What restrictions apply?

Under the Children and Young Persons Acts 1933-1969, as amended by the Children (Protection at Work) Regulations 1998, there are restrictions on the employment of children in certain jobs and restrictions on the hours they can work. Restrictions vary between local authorities too and so you should always check.

In particular, no child under the age of 14 may be employed (subject to local authority permission), and the work must not harm the Child’s health, safety or development. Also, the work must not interfere with the Child’s school attendance or work-experience. There are special rules for employing children under 13 for performing arts and sports etc.

Working Hours

Employment restrictions on a child are more relaxed on non-school days in a school week particularly Saturday and during school holidays.

• A 15 and 16-year-old can work up to 8 hours a day on a Saturday but will require a one hour break if they have worked for up to 4 consecutive hours.
• If the child is under 15 they can work no more than 5 hours on Saturday.
• Any child can only work a maximum of 2 hours on a Sunday.

School Holidays

• During weeks they are not required to attend school, a child age 15 or over can work up to 35 hours for that week. If they are below 15, no more than 25 hours for that week.
• A child is also entitled to at least two consecutive weeks of holiday during the period they are not required to be in school unless they have already taken the entitled holiday for that year.

During term time

• A child cannot work during the time of day he is required to be in school until school hours have closed.
• A child cannot work for more than 2 hours on a day they are also required to attend school.
• Only between the hours of 7am and 7pm can a child work in both term time and school holiday.

Do I need permission to employ a child?

You would usually need to obtain a permit from your local education authority before employing a child, depending on the local byelaws. They have the power to require information about the proposed work and hours of work and to check that you have parental consent.  You may not be insured for any accidents involving a child without a permit.

Local authority Byelaws have the capacity to.

• Prohibit the absolute employment of children in any given circumstance.
• List the jobs that children cannot do.
• Reduce the number of hours a child can work on school days to less than 2 hours.

Can I employ a child under 14?

In general, the law prohibits the employment of children under the age of 14. However, some local authorities permit the employment of children who have reached the age of 13 in certain types of ‘light work’.

Again, it is important to check the byelaw of your local authority as their definition of ‘light work’ may be different, but a generic list would include:

• Agriculture/Horticulture under the guidance of their parent/guardian.
• The delivery of Newspapers/Journals or other printed material.
• Shop work mainly shelf-stacking.
• Hairdressing Salons.
• Car washing by hand in a private residence.
• In a Café or Restaurant either at the counter or waitering/waitressing.
• In Riding Stables
• Domestic work in hotels.

How much should I pay?

School-age children are not entitled to the minimum wage but young workers age 16 to 17 are entitled to the minimum wage of £4.35 per hour.

What about Work Experience?

Children in the last two years of schooling may undertake work experience. Work experience for 14–16-year-olds does not fall within the rules on child employment. However, the work experience must still comply with the rules on the employment of young workers. This includes restrictions on hours of work and type of work for young people under 18.

What checks do I need to make?

It is always in an employers interest to see proof of a young persons age.  Failure to do so could result in a fine or prosecution depending on Local Authority byelaws.

Also, always remember to check that you have the relevant employer’s liability insurance.  This is required for all employment of children, including work experience.

Please contact Gill Wooldridge in our employment team, if you need any further advice or information.