Employment

In this guide:

Introduction

There are various rules and regulations in relation to the employment of people under the age of 18.

The law distinguishes between two age groups by giving them two separate labels:

1.  Child

This label refers to a person who is not over the compulsory school age. At the moment, the compulsory school age is 16.

2. Young Person

This label refers to a person who is no longer of compulsory age but is under the age of 18. Therefore, the term young person relates to 16- and 17-year-olds.

Key legal provisions relating to the employment of children (under 16s)

Below are the main rules affecting the employment of children. In addition to these, local authorities can also pass their own laws (known as bye-laws) which may affect a child’s employment.

  1. If a child is under the age of 14 they can not be employed whether paid or not. Although. a 13 year-old can do occasional part-time work.

  2. A child can only be employed to carry out light work.

    Light work means work which is not likely to be harmful to a child’s safety, health, development, attendance at school or participation in work experience.

  3. A child can not work during school hours on any day when the child is required to go to school.
  4. A child can not work before 7 in the morning on a school day.
  5. A child can not work after 7 in the evening on a school day.
  6. A child can only work for a maximum of two hours on a school day.
  7. During a school week, a child can only work for a maximum of 12 hours.
  8. On Sundays, a child can only work for a maximum of 2 hours.
  9. Under 15s can work for a maximum of 5 hours on a non-school day (Saturdays, school holidays etc.) This rule does not apply on Sundays where the maximum remains at 2 hours.
  10. Under 15s can work for a maximum of 25 hours during a non-school week.
  11. A child aged 15 or over can work for a maximum of 35 hours during a non-school week.
  12. A child can not work for more than 4 hours in any day without having a rest break of at least 1 hour.
  13. A child can not work at any time during any year unless the child has had (or could still have) at least two consecutive weeks without employment during a school holiday.
  14. A child can not work in an industrial setting unless a member of their family is also employed there.
  15. A child can not be employed on any UK seagoing ship.
  16. Special rules apply to the employment of children in the entertainment industry.
  17. For health and safety reasons, an employer must, before employing a child, provide the child’s parents with comprehensible and relevant information about the outcome of the risk assessment and details of the control measures that the employer has introduced.
  18. The National Minimum Wage does not apply to children.

Key legal provisions relating to the employment of young people (16 and 17 year olds)

The rules below relate to the employment of young people generally.

Exceptions

These rules do not apply to:

  • domestic servants in a private household
  • the Armed Forces
  • certain emergencies

If you are contacted by a young person working in the above environment, contact * for more information.

Health and safety issues

Exceptions

The rules below do not apply to young people where:

  • the work is necessary for their training; and
  • they will be supervised by a competent person; and
  • the risks will be reduced to the lowest level possible.
  1. Before employing a young person, an employer must carry out a risk assessment.
  2. A young person can not carry out work which is beyond their physical or mental capacity.
  3. A young person can not be harmfully exposed to toxic or cancer causing agents or other agents that would chronically affect human
    health.
  4. A young person can not be harmfully exposed to radiation.
  5. A young person can not work in an environment in which there would be a risk of accidents and it can reasonably be assumed that those accidents can not be recognised or avoided by a young person because of their insufficient attention to safety or lack of experience or training.
  6. A young person can not work in an environment where there is a risk to health from extreme cold, heat, noise or vibration.

Rest periods, breaks and night work

Working hours

  1. Young people can not work for more than 40 hours each week.
  2. Young people can not work for more than 8 hours each day.

Night work

  1. Young people can not work between 10pm and 6am.
  2. A health and capacity assessment must be carried out before a young person is required to carry out night work. This assessment needs to be repeated periodically.

Rest periods

  1. A young person is entitled to a minimum rest period of 12 hours each day.
  2. A young person is entitled to two days off each week.

Breaks

  1. After 4 ½ hours of continuous work a young person is entitled to a minimum 30 minute rest break.

National Minimum Wage

The National Minimum Wage applies to young people. 16- and 17-year-olds are entitled to a minimum of £3 per hour.

18- to 22-year-olds can expect to receive £4.25 per hour.

Time off for education and training

16- and 17- year-olds

A 16- or 17-year-old is entitled to be allowed to take time off during working hours to undertake study or training leading to a relevant qualification if:

they are not receiving full-time secondary or further education AND they have not attained the prescribed standard of achievement.

A relevant qualification is an external qualification which, if obtained, would:

  • contribute to the attainment of a prescribed standard; or
  • would be likely to enhance a young person’s employment prospects with their employer or with another employer.

18-year-olds

An 18-year-old who is already undertaking studying or training leading to a relevant qualification and that studying or training began before they were 18 is entitled to the same right to time off.

How much time off?

There are no clear guidelines as to how much time off should be allowed.

The time off should be the amount of time which is reasonable in the circumstances having regard to the young person’s study or training requirements and the employer’s circumstances including the effect of the young person’s time off on running the business.

Apprenticeships

Special rules relate to apprenticeships.
Please contact * for further information.

Problems and pitfalls

If a child or young person thinks that any of the above rules have been broken in relation to their own employment, they can make a claim to a type of court known as the employment tribunal. If the employment tribunal agrees with the child or young person, then the employment tribunal will order the employer to pay compensation to the child or young person.

Time limit

  • There is a three month time limit from the date when the rules were broken to taking the case to the tribunal.
  • The three month time limit can be extended if the young person makes a complaint in writing to their employer within the first three months.
  • The employment tribunal may also extend the time limit if it thinks that it is not reasonably practicable for the young person to bring the claim within the first three months.
  • It is important that the young person obtains legal advice immediately to ensure the time limits are met.

Useful Organisations

WorkSMART

Trades Union Congress
Congress House
Great Russell Street
London
WC1B 3LS

Tel: 020 7636 4030
Fax: 020 7636 0632
www.worksmart.org.uk

Citizens Advice Bureau

For employment advice and details of your local office visit: www.adviceguide.org.uk

Department of Trade and Industry

Response Centre
1 Victoria Street
London SW1H 0ET
Tel: 020 7215 5000 or 020 7215 6740 (Minicom)
www.dti.gov.uk

Health and Safety Executive

Rose Court
2 Southwark Bridge
London
SE1 9HS

Tel: 0845 345 0055
www.hse.gov.uk

National Minimum Wage Helpline

Tel: 0845 6000 687
www.dti.gov.uk/er/nmw

ACAS

Tel: 08457 47 47 47 
www.acas.org.uk

Commission for Racial Equality

St Dunstan's House
201-211 Borough High Street
LONDON
SE1 1GZ

Tel: 020 7939 0000
Fax: 020 7939 0004
Email: info@cre.gov.uk
Phone: 020 7939 0000
Fax: 020 7939 0004
www.cre.gov.uk

Equal Opportunities Commission

Arndale House
Arndale Centre                   
Manchester
M4 3EQ

Tel: 0845 601 5901
Email: info@eoc.org.uk
Fax: 0161 838 8312
www.eoc.org.uk

Disability Rights Commission

DRC Helpline
FREEPOST MID02164
Stratford upon Avon
CV37 9BR

Tel: 08457 622 633
Textphone: 08457 622 644
Fax: 08457 778 878
www.drc-gb.org

Lesbian and Gay Employment Rights

Tel: 020 7704 2205
www.dti.gov.uk/er/equality/LAGER.htm