Next month sees ‘compulsory school’ for millions of Year 11 students end and they can gain either part time work or full time apprenticeships. A young person is of compulsory school age until the last Friday in June of the academic year (1st September – 31st August) in which they reach the age of 16.
Back in February we advised you all that The Child Employment team at South Glos Council were currently writing to the parent/carers of all children in Years 8 and above across the local authority informing them of legislation concerning Child Employment and what they need to know should their child wish to undertake part-time work while still of compulsory school age.
There are currently laws in place to make sure young people get the education they need before they start working permanently. Once they have left school they can then work up to a maximum of 40 hours a week although in England, a young person must be in part-time education or training until they’re 18 so work must not interfere with their further education. Although getting a job can be an exciting way to find independence and make new friends, it’s still a big step to take and it’s important no-one feels rushed into it.
When employing young workers, employers have a responsibility to keep all the children they work with safe, including making sure they have somewhere safe to work, and that their job is suitable for their age and ability. If a child is below school leaving age, their employer must inform their parents or carers about any risks and any safety measures.
Child Employment in England is covered by the Children & Young Person Act 1933 and also by local byelaws, which are drawn up by each Local Authority. The legislation and byelaws are in place to safeguard children from potential risk and ensure that any employment does not adversely impact on their education.
Young people, from the date of their 13th birthday until they leave compulsory education, are allowed to undertake ‘light work’ as defined within the Child and Young Persons Acts 1933/63 as: not likely to be harmful to the safety, health or development of the child. Permitted light work could include; newspaper delivery, supporting a qualified coach/leader in a sports club or work in a shop, office or café.
Once the child has found work, the employer must apply for a Work Permit from the Child Employment Officer at their Council. The form states the type of employment, and hours a child is permitted to work. Employers must apply for a work permit for a child within seven days of the start of employment and this form must be countersigned by the parent/guardian before returning to the Council. If approved, the local authority will issue an employment permit if they are satisfied that the proposed employment is lawful and does not pose a risk to a child’s physical or emotional wellbeing or their education.
The employer must undertake a risk assessment for all children who they intend to employ. They should take into consideration a young person’s lack of experience, absence of awareness of existing or potential risks and age. The risk assessment must be shared with the young person’s parent or carer before the employment begins. if you need support with risk assessments, we can help with either our consultancy service or why not attend our risk assessment training course, aimed at staff with the responsibility for carrying out risk assessments within their workplace.
In addition to the risk assessments specific to the workplace, the individual child and the roles they will undertake, we are asking that employers carry out risk assessments which outline how they intend to mitigate the risks of the transmission of the COVID-19 virus and these are reviewed with rigour by an authorisation panel. With the exception of very small minority of sectors (such as newspaper deliveries) Child Employment Permits have been revoked due to the national lockdown restrictions and these permits will be reviewed again by the panel as it is deemed safe to do so.
If a child is working without a permit, they are working illegally: not only does it mean that should an accident happen it is extremely unlikely they will be covered by the employer’s liability insurance, but also that the employer could be prosecuted in a Court of Law.
If children younger than 13 wish to work, they may need a performance licence (for example if they’re performing in a play, film, concert, sporting event or modelling assignment). The person in charge of the event should contact the child’s local council to check if a performance licence is necessary, and should make the application.
In summary, during term time, children aged between 13 and 16 should only work a maximum of 12 hours a week and in the school holidays between 25 and 35 hours per week (depending on their age). View the full list of permitted working hours of employment HERE and the South Glos Council Summary of the legislation covering compulsory school age children HERE
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