Employing Children

Many of us look back with affection - or otherwise – to our earliest employment experience delivering newspapers, stacking shelves, or mucking out the local stables.

Today, the employment of children is far from straightforward. The recent and ongoing introduction of the new legislation will place further obligations on employers.

Employment provisions for children under school leaving age are still substantially influenced by The Children and Young Persons Act dating from 1933 (although other more recent legislation and individual local authority bye-laws considerably influence the situation).

In England, Wales and Scotland (there are slightly different rules in Northern Ireland) young people between 13 and school leaving age cannot carry out paid or unpaid work:

• Before 07.00 and after 19.00.
• For more than 2 hours on school days or Sunday.
• Before close of school hours (can be varied by local bye-law).
• For more than 12 hours per week during term-time.
• For more than 5 hours (13 to 14 years old) or 8 hours (15 or over) during holidays.
• For more than 25 hours per week (35 if aged 15 or over) during holidays.
• For more than four hours without taking a break of at least one hour.

Children under 13 cannot normally be employed (there are limited exceptions relating to theatrical performances and local authority approval is required).

Before employing a young person, employers need to conduct a work place risk assessment. Employers must also check with the local education authority within seven days of offering employment and ensure they comply with any restrictive local bye-laws. Most education authorities issue employment permits for the benefit of the child and his/her parents which is normally copied to the employer. Local authorities can also provide employers with support and advice on how to employ children and young people.

Employers must also ensure that each child receives a break away from all work for at least two weeks per year, during school holidays. There is no minimum wage or obligation to pay statutory holidays. General employment legislation, e.g. discrimination provisions, however, applies as normal.

The definition of “employment” also requires careful consideration. The 1933 Act defines this as “a person who assists in a trade or occupation carried on for profit...even though he or she may receive no payment”. This means that helping in Mum or Dad’s shop is covered, irrespective of whether money changes hands. The Department for Children, School and Families interprets this 1933 definition as covering, for example, unpaid work in a charity shop (where the aim is to make a surplus for the charity) but not unpaid work in a youth club.

Finally, the Safeguarding Vulnerable Groups Act currently coming into force introduces a vetting and barring scheme for those working with children and vulnerable adults. Those who are appointed to a “regulated position” (where as part of their specific job they care for, supervise or train children under 16 in the course of their employment) potentially need to be registered with the Independent Safeguarding Authority from July 2010 onwards.