The law does permit children to work part-time from the age of 13, however, there are strict rules in place to protect both child and young workers under school leaving age. This is a summary of the law for employing younger workers, along with our useful tips for staying compliant.
Some industries, including modelling, television and theatre, do allow for children under the age of 13 to lawfully work, however, this area will not be covered in this article.
local Council Requirements
- Most local Councils require businesses that want to employ school-age children to hold a child employment permit. If you don’t have this, you may not be insured against accidents involving the child which carries a big risk.
- Contact your local Council’s education department or education welfare service to see if you need a permit.
- Other useful information is available from these departments relating to specific jobs that child workers cannot do and other restrictions that might apply.
Accounting Requirements
13 to 16 Years Old (child workers)
- They are not entitled to the National Minimum Wage (NMW).
- They do not pay National Insurance.
- You do not need to include them on your payroll unless their total income is over their Personal Allowance – check this with your accountant.
16 Years Old And Over
- They are entitled to the National Minimum Wage.
- You will need to record and report their pay via payroll.
- You will also need to make PAYE deductions if they are earning more than £123 per week.
Employment Restrictions
- They cannot work on industrial sites or in factories
- They cannot work during school hours
- They can not work before 7am or after 7pm
- They can not work for more than one hour before they start school for the day
- They can not work for more than four hours without a rest break of one hour
- Must have at least a two-week break during the school holidays each year.
TERM TIME RESTRICTIONS
13 TO 14 years old
- Can work a maximum of 12 hours a week in total.
- Can work a maximum of two hours on school days.
- Can work a maximum of five hours on Saturdays.
- Can work a maximum of two hours on Sundays.
15 to 16 years old
- Can work a maximum of 12 hours a week in total.
- Can work a maximum of two hours on school days.
- Can work a maximum of eight hours on Saturdays.
- Can work a maximum of two hours on Sundays.
school holiday restrictions
13 to 14 years old
- Can work a maximum of 25 hours per week in total.
- Can work a maximum of five hours on weekdays.
- Can work a maximum of five hours on Saturdays.
- Can work a maximum of two hours on Sundays.
15 to 16 years old
- Can work a maximum of 35 hours per week in total.
- Can work a maximum of eight hours on weekdays.
- Can work a maximum of eight hours on Saturdays.
- Can work a maximum of two hours on Sundays.
The rules are in place to protect this vulnerable category of workers and the impact of getting this wrong can be huge for employers. If you are in an organisation which recruits child workers and young workers and you need legal advice and support, contact us by email at enquiries@bridgeehr.co.uk.