Do You Employ School Age Young People?

Guidelines for employers on the law and local byelaws.

Prohibited employment

There are some jobs which would be dangerous for young people and these are prohibited.

For example, they cannot:

  • work on a milk round
  • work in a cinema, theatre, dance hall, disco or night club
  • sell or deliver alcohol
  • work in a petrol station
  • work in a commercial kitchen
  • undertake food preparation
  • collect or sort refuse
  • clean windows or do any job which involves being more than three metres off the ground
  • do a job which might bring them into contact with harmful chemicals
  • call at people’s houses to collect money
  • be exposed to adult material which is considered unsuitable for children and young people
  • work in telephone sales
  • work in a slaughterhouse, abattoir or butcher’s shop
  • work in a fairground or amusement arcade
  • work in “personal care” in a residential or nursing home
  • work in a public house

This is not a complete list. If you are in any doubt about employing a child, please seek advice from the education welfare service. It is in your interests as an employer to follow the law about child employment.

Employer’s responsibility 

People who employ children must make sure that:

  • No child under 13 years of age is employed
  • Children who are employed have a Certificate of Employment
  • No child is employed in a prohibited occupation
  • Children are employed for the correct number of hours
  • Children are suitably dressed and equipped for the job
  • Children doing work experience arranged by their school do not need a Certificate of Employment.

Remember

Children are considered to be employed whether they are paid or unpaid for the work they do, even if working for their own parents. The employment of children is governed by acts of law and local byelaws, which also apply to an employers own children.

  • Employers can be prosecuted for employing children and young people illegally without a certificate of employment, under age, in prohibited occupations, or working too many hours. Conviction carries a fine of up to £1,000.
  • Children may have accidents because of their immaturity and inexperience or lack of training/ supervision. Your business insurance may be invalidated if a child does not have a Certificate of Employment and then has an accident. Employers should always inform their insurers if/when they employ children.
  • Under health and safety legislation, before employing a young person you must have carried out a risk assessment and informed the child’s parents or carers and the Local Authority of the outcome.
  • Information on risk assessments may be obtained from your trade association or the Council’s Health and Safety Department on (01942) 827097 e-mail: comm@wigan.gov.uk
  • Employers must keep a record of all children employed by them and if required, be able to tell the Council’s Education Welfare Service.

The law says that:

No child under the age of 13 can be employed

  • Children aged 13 may only be employed in those job categories specified by Wigan Council byelaws
  • The Children (Protection at Work) (No 2) Regulations 2000 came into force in October 2000. These state that 13-16 year-olds may only work for a maximum of 12 hours each week during term time, that is any week when a child is required to attend school.
  • Children still of compulsory school age who have a Certificate of Employment (issued by the Council in accordance with local byelaws) can be employed, but:
  • Not during school hours
  • Not before 7am or after 7pm
  • Only for two hours on a school day (either two hours after school or one hour before and one hour after school) .
  • Only for two hours on a Sunday
  • May only work on Saturdays and school holidays (Monday to Friday) for five hours (if under 15 years) or eight hours (if over 15 years). There must be a one-hour break after a maximum four hour work period
  • Children must have at least one, two-week period free from work in a school holiday during the course of a year.

Compulsory school age

The law governing child employment is there to ensure that children are protected and not exploited if they have a part-time job while they are still of compulsory school age. A child is of compulsory school age until the date they are officially allowed to leave school. This is not their 16th birthday or when they receive their national insurance number. The law has fixed the school leaving date as the last Friday in June.

Certificates of Employment are issued free of charge from the Council after you have completed the appropriate application form.

For more advice, contact the Education Welfare Service Children & Young People’s Services Education Welfare Service

Wigan Investment Centre
Waterside Drive
Wigan
WN3 5BA
Tel: (01942) 705405
Email: childemployment@wigan.gov.uk

Related leaflets:

  • Does your child have a part-time job?

This booklet is also available in other languages, on audio tape or CD and in large print.

Contact us at the above address for more details.

Children and Young People’s Services promotes equality of opportunity and diversity.

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