Weekend Shifts. Summer holidays. Christmas holidays. Even just wanting to get some work experience.
There are lots of reasons why young people look for work and with the current job market being so buoyant, it’s inevitable that you’ll receive a job application from a younger person at some point. With that in mind, it’s important to know what the law says about hiring children and young people so you can consider if any adaptations need to be made and if there are any increased risks to your business.
Unless they work in television, theatre or modelling, in which case a special license is required, the youngest age that a child can undertake part-time work is 13. Otherwise, children can only work full-time once they reach the minimum school-leaving age. The rules here differ slightly, depending on where the young person lives.
Working Hours & Rest Breaks for Children & Young People Under 16
You’ll need to be mindful that there are several restrictions placed on you as an employer if you’re looking to hire young people. Children are not allowed to work :
Without an employment permit, if your local council requires one (the rules differ from one borough to the next). Check with your local council to find out if their bylaws require this.
In factories or on industrial sites, or in any work that might be harmful to their health, wellbeing or education.
During school hours, or between 7pm and 7am. They also cannot work for more than one hour before school, unless permitted by the council.
For more than four hours without a one hour break.
Without having at least a two-week break during the school holidays in each calendar year.
There are also specific rules around term time and school holidays.
During term times:
All children can work a maximum of 12 hours per week
All children can only work for 2 hours on a weekday and a Sunday.
13 and 14 year olds can work a maximum of 5 hours on a Saturday
15 and 16 year olds can work a maximum of 8 hours on a Saturday
In the school holidays:
13 and 14 year olds can work up to 25 hours per week and this is limited to 5 hours per day on weekdays and Saturdays
15 and 16 year olds can work up to 35 hours per week and this is limited to 8 hours per day on weekdays and Saturdays.
All children can only work for 2 hours on a Sunday.
It’s worth being mindful that your local council may impose tighter restrictions than these, which are outlined under the Working Time Regulations 1998, so it’s worth checking locally to make sure you aren’t in breach of any additional regulations.
Working Hours & Rest Breaks for Young People Aged 16 - 17
Once a young person has reached school-leaving age, you have more flexibility as an employer. A young person can leave school on the last Friday in June if they turn 16 by the end of the summer holidays.
Whilst young people must continue in education until they are 18, they may work for you, alongside their education or perhaps as an apprentice for you.
By law, young people in this age group must still not work more than 8 hours per day or 40 hours per week. Additionally, you’ll have to be mindful of the following :
They must also have at least a 30 minute break if they work more than 4.5 hours.
There should be a minimum break of 12 hours in any 24-hour period which they work.
They must have a minimum of 48 hours or 2 consecutive days of rest each week. (If there is an exceptional business case where this cannot be avoided, they must have a minimum of 36 hours break, with the following 12 taken as soon as possible thereafter.)
Night Working for Young People
Children (anyone up to school leaving age) cannot work between 7pm and 7am.
Once a young person is of school leaving age, there is more flexibility. The restricted period for night working is:
Between 10pm and 6am, if their contract does not state anything specific.
If the employment contract allows them to work after 10pm, the restricted period can be between 11pm and 7am.
If your business operates in a specific industry, young people can work until midnight or from 4am if it is necessary to do so.
These industries are: advertising, agriculture, a bakery, catering, a hospital (or similar environment), hospitality (hotels, pubs and restaurants), post or newspaper delivery, and retail.
You should be particularly mindful though, that those types of hours can only be worked if you are able to demonstrate that there are no adult workers available and working those hours will not have a detrimental impact on the young person’s education.
If you do need a young person to work after 10pm or before 7am, you’ll also need to make sure that there is a suitable adult working to supervise their work and ensure they stay safe, and that the young person has enough rest at another time if they need to work through their normal rest breaks or rest periods.
Even if your business operates in one of the industries mentioned above, it is still illegal for anyone under the age of 18 to work between midnight and 4am.
Paying Children & Young People
School-aged children are not entitled to earn National Minimum Wage (NMW) until they reach 16, when they must be paid in line with the minimum hourly rates determined by the government each year. Children under 16 are also not required to pay national insurance contributions, so you won’t need to pay them via payroll unless their total income will be more than their personal tax allowance.
Once you’re employing someone who is at least 16, we would recommend you set up as a registered employer and record and report their pay via payroll. You’ll also need to be making regular PAYE tasks, such as deductions, on their behalf.
Health & Safety of Children & Young People in the Workplace
The Management of Health and Safety at Work Regulations 1999, as well as the Health and Safety Executive (HSE) states that employers have a responsibility to ensure children and young people are not exposed to risk due to a lack of maturity, lack of experience, or being unaware of existing or potential risks.
Depending on the industry your business operates in and the nature of the work the young person will be expected to undertake, a robust risk assessment will need to carefully consider any risks and have measures in place to ensure they are well controlled.
The HSE website has a wide range of information that it would be prudent to review if you are looking to employ a young person.
Other Important Points to Consider
As we have explained, employment law around hiring children and young people can be complex. And there are other points you’ll need to be aware of or consider too.
The Equality Act still applies. Specifically, children and younger people are more vulnerable to age discrimination. This also includes perceived age, and it is illegal to treat them less favourably because of either of these characteristics.
You also have a legal obligation to maintain good records for any young people in your employment. You’ll need to keep a note of the following:
Working hours – to demonstrate they are not working outside of the hours they are legally allowed to.
Night work – to show they are not working during restricted hours (or at all if they are not allowed to).
Health assessments offered and completed before starting any night work and throughout their employment.
These records must be kept for at least two years from the date they were made, although you may feel it is reasonable to keep these records for a longer period of time.
Do I Need a Policy?
You may wish to consider whether a policy would be appropriate if you are likely to be recruiting children and young people on a regular basis. It’s vital that as your business grows, managers are aware of the precautions they must consider when employing young people, and a policy will provide this valuable guidance to them.
Furthermore, having a policy in place can outline any specific procedures that need to be followed when young people join your business, including a risk assessment.
If you’d like to understand more about employing children and young people, please give us a shout – we’d be delighted to help you out!
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