Confusion over Child Work Permits

"Lack of awareness" putting farmers and their children at risk

Many family-run farms are confused about employment rules for 13-16 year-olds, a decade after new regulations were introduced, says Westcountry-based insurer Cornish Mutual.

Since 1998, anyone employing a child of compulsory school age has been required to apply to the local education authority for an official permit, approved by their school and parent or guardian; even if the child is a family member.

Cornish Mutual development manager Chris Ridgers explains: "Confusion over child employment is especially widespread in the agricultural community because of the large number of family-run farms, where it is common for the owners' children to lend a hand.

"The regulations apply whether the work is paid or not, so the point at which everyday chores become employment is a notoriously grey area."

Uncertainty among parents and employers is further intensified by an apparent lack of consistent advice over exact rules, as each local authority is able to set its own bye-laws regarding the employment of children.

Although local rules vary, the "Top Ten" points to note are:

1. Child Employment regulations apply to anyone of compulsory school age (up to the last Friday in June of the school year when they reach 16) – but not to anyone over this age, even if they stay in full-time education.

2. No child under 13 years old can be employed, even by their own parents.

3. Some kinds of work are prohibited for children. These vary by age and council, but typically include tasks like telephone sales, delivering milk, commercial kitchen work and preparing meat products.

4. Children cannot work before 7am, or after 7pm.

5. Exact hours vary with age (and county), but children must not work for more than two hours on a school day or a Sunday, or more than twelve hours in a school week.

6. Employers must apply to the local education authority for a work permit within the first week of a child's employment. This will require parental and school consent and must use an official form.

7. Depending upon local procedures, the employer and the parent/guardian will both receive a copy of the permit, setting out the hours, premises and type of work, along with any other restrictions or requirements.

8. Work permits are specific to that child, place and job. Employers must apply separately for each child, and a child with more than one job must have a permit for each.

9. Permits can be withdrawn if the child's school work suffers.

10. As with any employee, the employer must observe Employers' Liability Insurance requirements and carry out a risk assessment for the work – taking special note of the child's inexperience in the workplace.

Chris Ridgers concludes: "Many farmers don't realise that by allowing their own children to help them without a proper permit, they're exposed to the risk of prosecution, and a fine of up to £1000.

"The good news is that the permits are relatively quick and simple to obtain, and most local authorities provide them free of charge; so once you're aware of the rules, covering yourself is easy."

Farmers who would like further information are welcome to contact Cornish Mutual for the relevant South West local authority contact details on 01872 277151, 01392 824964 and enq@cornishmutual.co.uk, or see the "Latest News" page at www.cornishmutual.co.uk.