Growing up, the majority of people will have had a paper round, Saturday job or undertaken a summer job to earn some pocket money, but the restrictions in place for children in employment are often overlooked. Regardless of whether the child is related to you or not, these restrictions still apply!
Please note – there are separate provisions in place if a child is undertaking a work experiences placement as part of their secondary education or if a child is undertaking public performances (i.e. dance, drama or music performances).
In law a “child” is any person under compulsory school age (ceases on the last Friday in June of the academic year in which the child reaches 16). The restrictions in place can vary depending on the local authority your company is registered in, however it is illegal for a child to work:
- if they are under 14 years of age (note however that many local authority bylaws do permit 13 year olds to be employed)
- during school hours or before 7.00am or after 7.00pm
- for more than two hours on a school day or a Sunday
- for more than 12 hours in any school term week
- for more than five hours on any non-school day other than a Sunday (for more than eight hours if aged 15 or over)
- without a one-hour rest break after working four hours in any one day
- without the employer notifying the local authority and obtaining a work permit, if the local authority in question operates a permit system (most do).
Employment of a child, whether paid or voluntary, is illegal without specific work permits in place, even if it is your child working for the family business. As an employer, you could be prosecuted by the local authority and the enforcing authority (defined by HSE).
What is the risk you face?
Excluding prosecution, you may also be fined £1,000 for failing to have the correct work permits in place. In addition to this, you may also be fined up to £2,000 if you haven’t carried out the necessary risk assessments for a Child working in your company. You employer’s liability insurance may be void due to employing a child without the necessary permit.
Can a child work in a family business?
Yes, but they will need to be at least 13 years old and there are restrictions on the days and hours that they are legally permitted to work.
Can my child assist me on a building site or fetching and carrying stock?
No, children are only permitted to undertake ‘light work’, which means work that will not be harmful to their health, safety, wellbeing, development, education participation or participation in work experience.
Is there a National Minimum Wage for a child?
Children are not entitled to be paid the national minimum wage, so there is no statutory restriction on what they should be paid. Young workers, under 18 but above the compulsory school age (i.e. 16-18), and apprentices are entitled to receive the National Minimum Wage at the appropriate rates.
For more information on work permit applications, please get in touch with one of our HR Advisors by clicking here or calling 01924 827869.
