Employment
Summary of the legislation covering
compulsory school age children
- Children of Compulsory School Age are not allowed to work before 7 a.m. or after 7 p.m. on any day
- UK legislation dictates that children under the age of 13 years are not allowed to be employed in any capacity by any person/s (this also includes parents/guardians).
- Once a child reaches 13 years of age (14 years in some local education authority areas) to the end of their compulsory education, which is until the end of their final GCSE year, they are allowed to work part-time - but within certain constraints. Once a child is over compulsory school age registration for work and obtain an employment permit under this particular legislation no longer applies, even if the child returns to school after this date - for A levels, GNVQ etc. See Compulsory School Leaving Age Table.
- Since September 1997 (Dept. Education & Skills) there has only been one school local education authority date, which is the last Friday in June each year (previously two school leaving dates - Easter & summer). This applies to every child in their final GCSE year, even if their 16th birthday is not until the July or August of that school year.
- There are 9 permitted types of employment for children aged 13 only. Note: some local authority byelaws may not permit children to start work until they are 14 years old (see your local education authority byelaws).
- There isn't a list of permitted employment allowable for 14, 15 & 16 year olds but there is a list (found in your local authority byelaws) of prohibited employment for all age groups. Note: this list may vary from one local education authority to another.
- A Health & Safety Risk Assessment should be completed for all working children Management of Health & Safety at Work Regulation 1999 to HMSO - main regulation which specifically requires employers to assess risks to employees and others arising from work activities of the undertaking). The employer should pay particular attention to the child's lack of experience in the workplace and notify their parent or guardian that a risk assessment has taken place. Note for employers. Your local Environmental Services or Health & Safety Executive can offer additional advice on carrying out risk assessments. See also Health & Safety Executive web site.
- During a child's first week at work the employer is required to submit an employment permit application form in order to legally register the child's employment with the local education authority in whose area the employment takes place. Note: permission notes from school or parent are not acceptable forms of registration. Registration must take place through a local education authority. Penalties- an employer who employs a compulsory school age child without an employment permit is in contravention of the child employment regulations and action may be taken against them by the local education authority in whose area the employment takes place. This is applicable to all employers by all local education authorities.
- Once an application has been submitted (and meets all the requirements of the Act and local education authority byelaws) an employment permit will be issued, confirming that the child is registered for work. Hours and place of work, employer details, child details and in some cases additional requirements will all be listed on the employment permit.
- Note: depending on the issuing local education authority's procedures permits will be issued to both the child and the employer. In some cases this may be separately or to the employer only who should give the child's copy to the child upon receipt. Local education authorities may also give a copy of the permit to the local education authority in whose area the child goes to school or lives and/or to the child's school. You should check with your local education authority for their particular procedures.
- Employment Permits are specific to the child, the employer and the employment. If a child has more than one job (whether it is with the same employer, another employer or at a different place of employment) each job needs to be registered separately with the appropriate local education authority.
Specific Hours of Work allowed
13 & 14 years
Term Time
Maximum 12 hours in any 7 day week
Maximum 2 hours on ANY school day (1 hour after 7 a.m. and beginning of school day plus 1 hour after the end of the school day and before 7 p.m.:
OR 2 hours after the end of the school day and before 7 p.m.
Saturday maximum 5 hours (1 hour break after 4 hours continuous work)
Sunday maximum 2 hours
Holidays
Maximum 25 hours per 7 day week (5 hours in any one day) (Sunday 2 hours only)
Specific Hours of Work allowed
15 & 16 years
Term Time
Maximum 12 hours in any 7 day week
Maximum 2 hours on ANY school day (1 hour after 7 a.m. and beginning of school day plus 1 hour after the end of the school day and before 7 p.m.:
OR 2 hours after the end of the school day and before 7 p.m.
Saturday maximum 8 hours (1 hour break after 4 hours continuous work)
Sunday maximum 2 hours
Holidays
Maximum 35 hours per 7 day week (8 hours in any one day) (Sunday 2 hours only)
Note: morning working times and Sunday working times may vary with different local education authorities. Contact the Local Authority in whose area the work takes place to be sure you are adhering to the regulations correctly
