Info zone – Employing young people

Following a complaint by a parent to a local county council, a major fast-food chain outlet was taken to court and subsequently fined several thousand pounds for the unlawful employment of schoolchildren in the UK.

Investigations revealed that one 15-year-old girl had worked for 16 hours on a Saturday and another child had worked from 5pm to 2am on a schoolday.

Some had also worked late into the night without rest breaks, and many worked without permits. *

This case study is a work of fiction and consequently the names, characters and incidents portrayed in the article are fictitious.

What the expert advises

Kate Gater is an employment law solicitor at Berwin Leighton Paisner

There are strict regulations covering age, nature of work, work hours, conditions of work, rest periods, health and safety, and wages, and employers should be aware of a number of points.

• By-laws vary between regions. Employers should familiarise themselves with the local authority laws relating to child employment in the areas where they conduct business.

• Employers of children of school age must register with the local education authority and obtain a work permit for every child worker.

• Supervisors and managers should be given training on the issues and rules relating to the employment of young workers.

• Every workplace should have systems in place to ensure that young workers do not exceed working-hour limits, and are given adequate rest breaks and appropriate health and safety risk assessments.

Most fast-food chains are aware of the strict regulations covering employment of young people

Be aware

While law enforcement in this area usually involves local authorities, the Health and Safety Executive may step in to take action against those employers which put young people at risk.

The fast-food outlet case illustrates the strictness of the laws designed to protect young workers, and the risk to employers of exposure to prosecution, penalties, adverse publicity and the tough stance of the courts should they fail to comply.

Those young workers above minimum school leaving age may also have recourse to employment tribunals or county courts.

What the law says

Much of the law aimed at protecting young people at work and preventing their exploitation can be found in the Children (Protection at Work) Regulations 1998. In addition to the black-letter law, local authorities may also pass by-laws.

Generally, young workers over the age of 16 are subject to all the rights and restrictions of normal employment legislation (subject to a few exceptions), but UK law prohibits the employment of children below the age of 14 and imposes substantial restrictions on the employment of those aged 14 to 16. However, local authorities can pass by-laws on the employment of 13-year-olds - for example, in respect of paper rounds.

Children between the ages of 14 and 16 are permitted to work for only 12 hours in any week during term time, including Saturdays. Additionally, they must not be employed before 7am or after 7pm, must not work before the end of school hours on any school day (except to the extent provided by local by-laws), and even then, on a school day (or on a Sunday), they must not work for more than two hours.

On Saturdays and during holiday periods, children must not work more than eight hours a day and are entitled to daily and annual rest breaks. For every four hours worked, there must be a rest break of one hour, and at least two weeks of holiday per year must be work- and school-free.

The types of work children can be employed to do are also restricted. While they may work as waiters or waitresses in cafés, in shops and in offices, their duties are limited. For example, they must not clean machinery that would expose them to risk of injury, or handle loads likely to cause injury. They may carry out "light" work that is unlikely to be harmful to their health, safety and development.

No children of school age may work in the preparation of food in commercial kitchens, or in cinemas, theatres or nightclubs.

The Working Time Regulations 1998 also regulate the employment of young workers (15- to 18-year-olds).

Contacts

Berwin Leighton Paisner
020 7760 1000
kate.gater@berwinleightonpaisner

Health and Safety Executive 0541 545500

Employment Law and Industrial Relations Helpline
020 7396 5100