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FACTSHEET

This factsheet outlines the regulations regarding the employment of school children. It tells you what kind of work young workers may and may not do, the age they must be to do this work and the number of hours and times of day that they are allowed to work. It also informs you about young workers' entitlements to breaks and holidays as well as other health and safety protection and registration requirements.

RELEVANT LEGISLATION

Children and Young Persons Act 1933 and 1963, Education Act 1996, The Children (Protection at Work) Regulations 1998 and the Wakefield District Council Byelaws.

WHAT DOES THE LEGISLATION COVER

The law says that children may work, but only to the extent that their health, development and education are not put at risk. The law covers all forms of paid work done by children below the minimum school leaving age, apart from babysitting. "Work Experience", organised for educational purposes is not covered in this legislation.

WHAT IS THE MINIMUM SCHOOL LEAVING AGE

Children may officially leave school on the last Friday in June in Year 11 of secondary school.

After that date they may legally be employed on 'adult' terms, although some health and safety restriction still apply.

WHAT TYPES OF WORK ARE ALLOWED

The type of work that a young person is allowed to do depends on their age and on the specific byelaws of the Local Authority.

Children under 13 are not allowed to work.

Children aged 13 may only do 'light work' which is specifically permitted by the Local Authority:-

Newspaper delivery
Work in a shop, café, office or hairdressing salon
Domestic work in a hotel
Work in riding stables or kennels
Car washing by hand in a private setting
Agricultural or horticultural work

WHAT TYPES OF WORK ARE PROHIBITED

Children below the minimum school leaving age are not allowed to work in 'prohibited employment':-

Milk delivery
In a cinema, disco, nightclub, pub or betting office
In a slaughterhouse or butchers shop
At a fairground or amusement arcade
Work in an 'industrial undertaking' such as manufacturing, in factories, mines, quarries, construction and transport
Telephone sales
In a commercial kitchen
Work involving exposure to 'adult material'
Door to door selling, canvassing or money collection
Any work at heights above 3 metres from the ground or floor level (such as window cleaning)
Any work which involves handling dangerous loads or cleaning dangerous machinery, and any work involving exposure to physical, biological or chemical agents
Personal care duties in residential care homes
Refuse collection or sorting
Street trading

WHAT HOURS OF WORK ARE ALLOWED

Limits on hours are laid down by national Acts of Parliament, not local byelaws.

These alter depending on age. There are different rules for school term time and during school holidays. Night work is prohibited.

All days

No work to be done before 7am or after 7pm

School term-time

No work to be done in school hours
No work for more than 2 hours a day
Not more than 12 hours work in total per week.

Saturdays

No more than 5 hours work in the day if child aged under 15
No more than 8 hours work in the day if child aged 15 or over

Sundays

No more than 2 hours work during the day.

Total not more than 12 hours work per week.

School holidays

No more than 5 hours work per day if child aged under 15
No more than 8 hours work per day if child aged 15 or over
No more than 25 hours work per week if child aged under 15
No more than 35 hours work per week if child aged 15 or over

REST BREAKS AND HOLIDAYS

No more than 4 hours work to be done without a rest break of at least 1 hour
At least 2 weeks of holiday per year, which must be work and school free.

HEALTH AND SAFETY REGULATIONS

All the regulations concerning child employment are intended to protect the health and safety of young workers. Employers need to take particular care to comply with the Health and Safety (Young Persons) Regulations 1997

All employers are obliged by law to carry out health and safety risk assessments for their workforce. This is very important where young workers (all those under 18, including school-age workers) are concerned. The regulations are based on the principle that the employer must take particular account of the inexperience, lack of awareness of risks and immaturity of young persons.

They must assess risks in relation to:-

The fitting out and layout of the workplace and workstation
The nature, degree and duration of exposure to physical, biological and chemical agents
The use of work equipment and the way in which it is handled

In addition, certain types of particularly dangerous activity (physical, chemical, psychological, or involving radiation, heat, cold, noise or vibration) are prohibited to workers under the age of 18, unless the circumstances are very carefully controlled and supervised.

WHAT ARE THE RULES ABOUT REGISTRATION

Employers of a young person below the school leaving age must give written notification to the Local Authority (Education Welfare Service) who will issue the young person with a work permit. An employer must send this notification, (on an Employment Permit Application Form), within one week of taking the young person on.

The Application Form must state:-

The employer's name and address
The name, address, date of birth and school of the young person
Employment details, including hours and days of work, place of work and nature of duties
A health and safety statement showing that a risk assessment has been carried out
The form must be signed by the parent/guardian of the young person
The Local Authority will check that the employment terms and conditions comply with national and local laws and that no risk to the young person can be foreseen.

ISSUE OF PERMITS

On receipt of an application form, the Local Authority will issue a notice to the employer confirming the information sent, and a permit to the young person. If details of the work change, the employer must apply to the Local Authority for and amended permit.The young person will need to produce the permit if required by an authorised official of the Local Authority or a police officer. Similarly, the employer must be able to produce the relevant documentation if requested by an authorised official or police officer.

ENFORCEMENT

Usually the Local Authority is responsible for enforcing the law, although in some cases the Health and Safety Executive may take action against an employer who is putting young workers at risk. Employers who contravene the laws on employment of children are subject to prosecution and a fine.

FURTHER INFORMATION

Wakefield District Council has a Child Employment Officer who is able to give advice to employers, parents and youngsters on all aspects of child employment.

CONTACT

Lynne Richardson, Child Employment Officer,

Chantry House, Wakefield.

Telephone 01924 305652