Child employment

Statutory duties and legislation

Local authorities have a statutory responsibility for issuing work permits, the enforcement of the licensing requirements and have several powers to carry out inspections to ensure a child's welfare is maintained.

The legislation that underpins the employment of children of compulsory school age is the Children and Young People’s Act 1933, section 18.

What is child employment law

Young people of compulsory school age are considered employed if they help in any business that operates for profit, whether or not they receive payment or reward. This applies if their parent is their employer, or if they’re working in the school holidays. No child under 13 years can be employed.

Children are considered to be employed if they help in any business that operates for profit. It does not matter if they are paid or not to be considered employed. There are jobs children are not allowed to do such as -

• collect money
• serve alcohol
• cooking

Children are not allowed to work before 7am or after 7pm. There are a limited number of hours a child can work per week.

It is the responsibility of the employer to apply for a Child Employment Permit within seven days of the child starting work.

Download the application form and access the employment regulations.

Permitted and prohibited employment

Prohibited employment

No child of any age may be employed -

• in a cinema, theatre, discotheque, dance hall or night club, except in connection with a performance given entirely by children
• to sell or deliver alcohol
• to deliver milk
• to deliver fuel oils
• in a commercial kitchen
• to collect or sort refuse
• in any work which is more than three metres above ground level or, in the case of internal work, more than three metres above floor level
• in employment involving harmful exposure to physical biological or chemical agents
• to collect money or to sell or canvass door to door, except under the supervision of an adult
• in work involving exposure to adult material or in situations which are for this reason otherwise unsuitable for children
• in telephone sales
• in any slaughterhouse or in that part of any butcher’s shop or other premises connected with the killing of livestock, butchery, or the preparation of carcasses or meat for sale
• as an attendant or assistant in a fairground or amusement arcade or in any other premises used for the purpose of public amusement by means of automatic machines, games of chance or skill or similar devices
• in the personal care of residents of any residential care home of nursing home unless under the supervision of a responsible adult

Permitted employment of children aged 13 years

A child aged 13 years cannot be employed except in light work in one or more of the following specified categories -

• agricultural or horticultural work
• delivery of newspapers, journals and other printed material
• shop work, including shelf stacking
• hairdressing salons
• office work
• car washing by hand in a private residential setting
• in a café or restaurant
• in riding stables
• domestic work in hotels or other establishments offering accommodation

Permitted working hours

Working hours vary depending on age. It also depends on whether the employment is during term time or school holidays. Night work is not allowed.

Breaks and annual leave

A child is entitled to two weeks holiday per year which must be work and school free. 

Where a child works for more than four hours, there must be a break of at least one hour at the end of hour 4.

What the employer should do

They should apply for a work permit within 7 days of the young person starting work.

They can access application forms online or they can be sent out upon request. They are legally responsible for the young person’s safety whilst they are at work and should undertake a risk assessment with them, considering their age and experience.

The employer is responsible for the health and safety of the child whilst at work. They must -

• carry out a health and safety risk assessment before the child starts work
• notify parents that appropriate checks have been done
• make sure that the child has their permit while working

Completed application forms

Return all completed forms via -

email to EWSEducation@hullcc.gov.uk

by post to -

Education Welfare Service
Room 128
The Guildhall
Hull
HU1 2AA

Penalties

An employer who employs a compulsory school age child without an employment (work) permit is in contravention of the child employment regulations and action may be taken against them by Hull City Council.

Section 21 of the Children and Young Persons' Act 1933, as amended provides, among other things, that -

If a person is employed in contravention of section 18 of the Act, or of the provisions of any byelaws made there under, the employer and any other person (other than the person employed) to whose act or default the contravention is attributable shall be liable on summary conviction to a fine not exceeding level 3 on the Standard Scale (£1,000).

If a person is employed in contravention of section 20 of the Act, the employer and any person (other than the person employed) to whose act or default the contravention is attributable shall be liable on summary conviction to -

• a fine not exceeding level 3 on the Standard Scale (£1,000)
• a person under compulsory school age who engages in street trading in contravention of the provisions of section 20
• of any byelaw made there under, shall be liable on summary conviction to a fine not exceeding level 1 on the Standard Scale (£200)

What schools should do

Schools should notify our Education Welfare Service CEE@hullcc.gov.uk if they are aware of pupils who are working, so we can check if they have a permit.

If they suspect that part-time work is having an adverse effect on their education -

• low attendance
• tiredness
• lack of concentration

they should also notify the Education Welfare Service.

Work permits

Work permits can be withdrawn if it is felt that the young person’s health, safety or education is at risk.