Businesses and parents in the South West must apply for a work permit if they employ a child of compulsory school age during the summer holidays otherwise they could find they’re breaking the law.
Westcountry insurance firm Cornish Mutual believes that many mums, dads and employers don’t realise that it is illegal not to have an official permit from their local education authority, approved by their school and parent or guardian.
The employment rules for 13 to 16 year olds apply whether the work is paid or not or full or part time.
Each local authority is able to set its own bye-laws regarding the employment of children which may lead to further uncertainty. 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.
Alan Goddard, Cornish Mutual’s Managing Director, said: "The law has been in place since 1998 but I think it’s fair to say that there is still a lot of confusion and many people simply don’t even realise that the regulations exist. There will be many children working over the summer holidays, lending a hand or employed within a family-run business to earn some money, whether that’s a farm, guest house or campsite, but it’s important to remember the rules still apply and it can be a bit of a grey area."
Laura McFadyen, employment law specialist with regional legal firm Stephens Scown, added: "The model bye-laws that were published back in 1998 by the Department for Health require that permits need to be issued for employing children if they are under school leaving age. Many local authorities based their bye-laws on this and they can vary depending on where you are, so it’s advisable for employers to check with their local authority to see whether it operates a permit system within its bye-laws. Also if the parent is worried or not sure about the rules, they should speak to the employer or contact their local authority."
Christine Ellison, Children Employment and Performance Officer for Devon County Council, is urging parents and employers to take child work permits seriously, "I would strongly advise parents and employers to ensure that every child who is planning to work this summer has a permit and is registered with their local authority. If they do not, then that employment is illegal, and leaves the child very vulnerable for insurance purposes.
"The law applies both in term time and school holidays, but with the summer holidays approaching there will be an increase in children taking on part-time jobs, and it is important that even for a few weeks work, a permit has been obtained."
Paul Kirkman, Juvenile Employment Officer for Cornwall Council, said: "There are approx 23,000 children aged 13 and under the minimum school leaving age in Cornwall, two thirds of which will work at one time or another. Most without the required work permit, or employed in prohibited occupations, or contrary to the hours permitted. An employer, and any other person, (apart from the child employed) who are aware that the Regulations are not being followed risk a fine of £1,000 per offence per child."
Cornish Mutual, which has insurance Inspectors based across the region, has now provided clarification on the rules in an effort to highlight the issue in the Westcountry.
When can children work?
• Child employment regulations apply to any child of compulsory school age – which is up until the last Friday in June of the school year of their 16th birthday
• Children under the age of 13 cannot be employed, even by their parents
• Children cannot work before 7am or after 7pm
• During school holidays, 13 and 14 year olds can work a maximum of 25 hours a week, and 15 and 16 year olds can work up to 35 hours a week
• This includes a maximum of 2 hours on Sundays, and up to 8 hours on weekdays and Saturdays
• Children must have a two week break from work during the school holidays in each calendar year
Where can children work?
Local bye-laws list the jobs that children can do, and no permit will be granted for a job which doesn’t appear on that list. You should check with your local council for the full list, but jobs which are often prohibited include:
• Selling or delivering alcohol
• Delivering fuel oils or milk
• Working in a commercial kitchen
• Working in an industrial setting
• Any work involving the collection of money or door to door sales
• Telesales
• At a fairground or amusement arcade
• At a residential care home or nursing home
How can my child get a work permit?
• Employers must apply for a work permit for any child they employ, within the first week of their employment – this includes paid and unpaid work
• Consent must be given by the parent / guardian and school for a work permit to be granted
• Applications can be made through the child’s school or local council – see contact details below.
