Employing children

A child under 14 may not be employed, except where the bylaws allow employment of 13-year-olds in some kinds of light work, such as delivery of newspapers, shop work, assisting in hairdressing salons and domestic work in establishments like hotels. It’s important to remember that the rules vary between different local authorities.

In the past, some local bylaws allowed employment of a child under 13, but changes in the law in 2000 mean that employment of a child under the age of 13 is regarded as illegal.

A child aged 14 or above, but under the MSLA, cannot do any work restricted or prohibited by national law and/or local authority bylaws, due to:

• the role being beyond the child’s physical or psychological capacity;
• the work involving harmful exposure to toxic or carcinogenic substances or radiation;
• the presence of a risk which cannot be recognised by a child or young person because of their lack of attention to safety or lack of experience or training – e.g. work involving the use of sharp knives or slicers;
• their health being put at risk from extreme cold or heat, noise or vibration;
• its negative impact on the child’s ability to reap the full benefits of his or her education at a local authority-maintained school;
• the inherently dangerous nature of the workplace (e.g. quarries, construction sites, sea-bound ships and factories); or
• the work involving the sale of alcohol and other age-restricted items.

Local bylaws and national regulation regarding the matter should be consulted to clarify what work is and isn’t permitted.

Before the MSLA, children may work:

During term time

• 13 and 14-year-olds:  
  
  - Sunday – Friday: Up to 2 hours a day;
  
  - Saturdays: Up to 5 hours
  
  - No more than 12 hours a week
  
  
  
• 15 and 16-year-olds:
  
  - Sunday – Friday: Up to 2 hours a day
  
  - Saturdays: Up 8 hours
  
  - No more than 12 hours a week

During school holidays

• 13 and 14-year-olds:
  
  - Monday – Saturday: Up to 5 hours a day
  
  - Sundays: Up to 2 hours
  
  - No more than 25 hours a week
  
  
  
• 15 and 16-year-olds:
  
  - Monday – Saturday: Up to 8 hours a day
  
  - Sundays: Up to 2 hours
  
  - No more than 35 hours a week

Once a child reaches the MSLA, they will be classed as a young person, until they’re 18, and can work up to 40 hours a week.

The local authority is responsible for the issue and terms of performance licenses allowing children, including those under 13 years of age, to take part in performances where audiences are charged for entry.

Performances organised by a school don’t normally require a licence, but the employment bylaws include recommendations for the safety and welfare of children, whether or not a performance licence is required.

Students can take on work experience placements during their last two school years (when they’ll usually be aged 14-16).

During work experience placements, a child is normally permitted to work up to 8 hours per day and 40 hours per week. Employment permits aren’t required when the work experience is arranged by their school, and the restrictions to do only light work and prohibition on employment in industrial undertakings and the restrictions on street trading don’t apply. The model bylaws don’t apply, except where any local bylaws go beyond the model in terms of the prohibition of employment of persons below a specified age.

The prohibitions, restrictions and rules still apply in respect of health and safety, the sale of alcohol, and employment in gambling or in boats.

While the employer will be responsible for the health and safety of a child during their placement, the partners involved in the provision and monitoring of work experience placements to students (education employers/establishments, work experience organisers, placement providers and parents or carers) will also have health, safety and welfare duties.