The Employer’s Responsibilities
Every child of school age who has a part-time job working for an employer (whether they are paid or undertaking voluntary work) must be registered with the Local Authority and have a work permit. It is the employers’ responsibility to apply for a work permit in order to employ the child.
If you, as an employer, want children to work for you then you must take into account the rules and regulations which control what type of work the child can do, how many hours the child may work and the type of premises the child will be working in.
The employer must carry out a specific Young Person’s Risk Assessment of any hazards relating to the child employment and inform the parent / guardian and Local Authority of the outcome of the risk assessment. The employer must also make sure that proper clothing and footwear are worn by the child and that proper training, guidance and supervision is given to the child. The employer’s insurance cover must cover employing children and be kept up to date.
Within seven days of the child starting work, the employer must complete a Child Employment Licence application form which must be signed by the employer and the child’s parent / guardian. This application gives details of the child, hours of work, place of work and the type of work to be undertaken.
The legislation does not state how much a school-aged child must be paid - this is left for negotiations between the employer, child and parent / guardian. However, even if there is no payment at all or payment is being made in kind in return for the work (e.g. free riding lessons or free lunch or goods) it is still regarded as being employed and therefore requires a permit.
Any employer who is thinking of employing a child and has not done so previously is advised to contact the Inclusion Team for advice.
Employers should take note of the following:
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It is illegal to employ a child under 13 years of age.
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It is illegal to employ a child without having obtained a Child Employment Permit.
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Children can only be employed in specific types of work (see list on following pages).
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No child can work at any time between 7pm and 7am (Monday to Saturday).
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Times that 13 and 14-year-old children may be given a permit to work:
In term-time, the maximum permitted hours are 12 hours per week.
Hours
| Maximum hours | Restrictions |
|---|
|
Monday to Friday
(2 hours)
|
1 hour before school (after 7am)
1 hour after school (before 7pm)
OR
2 hours after school (before 7pm
|
|
Saturdays
(5 hours)
|
Between 7am and 7pm
|
|
Sundays
(2 hours)
|
Between 7am and 7pm
|
In school holidays, the maximum permitted hours are 25 hours per week.
Hours per week
| DAY | MAXIMUM HOURS | RESTRICTIONS |
|---|
|
Monday to Friday
|
5 hours
|
Between 7am and 7pm
|
|
Saturdays
|
5 hours
|
Between 7am and 7pm
|
|
Sundays
|
2 hours
|
Between 7am and 7pm
|
Children must have 1 hour’s break after 4 hours continuous work.
A child must have at least 2 weeks’ consecutive holiday per year.
-
Times that 15 and 16-year-old children may be given a permit to work
In term-time the maximum permitted hours are 12 hours per week
Term time hours
| DAY | MAXIMUM HOURS | RESTRICTIONS |
|---|
|
Monday to Friday
|
2 hours
|
1 hour before school (after 7am)
1 hour after school (before 7pm)
OR
2 hours after school (before 7pm
|
|
Saturdays
|
8 hours
|
Between 7am and 7pm
|
|
Sundays
|
2 hours
|
Between 7am and 7pm
|
In school holidays, the maximum permitted hours are 35 hours per week
School holiday hours
| DAY | MAXIMUM HOURS | RESTRICTIONS |
|---|
|
Monday to Friday
|
8 hours
|
Between 7am and 7pm
|
|
Saturdays
|
8 hours
|
Between 7am and 7pm
|
|
Sundays
|
2 hours
|
Between 7am and 7pm
|
Children must have 1 hour’s break after 4 hours continuous work.
A child must have at least 2 weeks’ consecutive holiday per year.
-
15-year olds in Y11 who are leaving school
-
Children who are 15 in Y11 BUT will turn 16 on or before September 1st (i.e. during the school Summer holidays) cease to be of Statutory School Age on the last Friday in June and can enter the workforce full-time after they cease to be of Statutory School Age even though they are still 15 and will not be 16 for up to two months (i.e. during July or August).
-
Although a 15-year-old may present a National Insurance number, they will still require a Child Employment Permit to work until they are no longer Statutory School Age.
-
-
A child is of Statutory School Age and needs a Child Employment Permit until they are 16 AND they cease to be of Statutory School Age (See point 3 below).
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Although a 16-year-old may present a National Insurance number, they will still require a Child Employment Permit to work until they are no longer Statutory School Age See point 3 below).
-
A 16-year-old in Y11 ceases to be on Statutory School Age on the last Friday in June in the Summer Term.
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Until that time, they may only work a maximum of 12 hours a week in term time.
-
Children who are 16 and on study leave from their school in the Summer Term leading up to their exams are considered to still be at school so can only work 12 hours a week until after the 30th June.
-
Children who are 15 and on study leave from their school in the Summer Term leading up to their exams are considered to still be at school so can only work 12 hours a week until they cease to be Statutory School Age on the 30th June.
The above are only some of the rules and regulations surrounding child employment and you, as an employer, are responsible for ensuring that you are fully aware of the Child Employment Legislation and that any child in you employ is employed legally.