LOW PAY UNIT - ADVICE LEAFLET

New protection for working children

Many young people who are still at school work part-time doing paper rounds or work in shops, cafes or hairdressing salons to earn money. There are strict regulations covering the hours young people can work and the minimum age for working.

To prevent exploitation of young people at work and to protect their health and safety, the basic conditions of employment for young people of school age are regulated by law. The main piece of law is the Children and Young Persons Act 1933 which applies to all young people of school age (referred to as children in the Act).

You cease to be of school age on the school leaving date (the last Friday in June) in the school year in which you reach the age of 16. Therefore, you may be 15 years and 10 months and no longer of school age or 16 years and 10 months and still be of school age.

The 1933 Act gives local authorities the power to make bye-laws (i.e. local laws) which further restrict the hours and conditions of work and the type of jobs you are allowed to do. These bye-laws may differ slightly from area to area, particularly in relation to the types of jobs you are allowed to do.

The national law

The 1933 Act (i.e. national law) provides that, if you are of compulsory school age, you are not allowed to work:

• under the age of 14 (but see below*)
• before 7am or after 7pm;
• during school hours;
• for more than two hours on a school weekday;
• for more than one hour before school starts;
• for more than two hours on any Sunday;
• for more than eight hours (or, if under 15, five hours) on
• Saturdays and holidays (two hours on Sundays);
• for more than 35 hours (or, if under 15, 25 hours) a week during the holidays.

The Act provides that young people may only do 'light work', i.e. work which is not likely to be harmful to the safety, health and development of the person.

You are now also entitled to daily and annual rest breaks:

• if you work for more than eight hours in any day, you must have a break of one hour;
• there must be a period two weeks during any of your holidays during the year when you do not work.

The Children (Protection at Work) (No.2) Regulations 2000 which came into effect from October 2000 provides that children under the age of 15 cannot be employed for more than 12 hours in any week in which they are required to attend school.

Working in entertainment

You may not take part in a performance for which a charge is made or which is in licensed premises, or which is broadcast, or take part in sport, or work as a model, unless you have a licence from the local authority in the area where you live.

You may perform up to 4 days in a period of 6 months without a licence and, as long as you are unpaid, you can take part in performances arranged by schools.

Local authority bye-laws

You should always ensure that you obtain a copy of the local authority bye-laws relating to child employment before you start work, especially if you are 13. The bye-laws set out the types of jobs which 13 year olds are permitted to do and the jobs all young people are prohibited from doing.

*The types of work 13 year olds are permitted to do may include newspaper delivery, shop work, agricultural work, work in hairdressing salons, offices, cafes and riding stables.

The jobs which all young people of school age are prohibited from doing may include work in commercial kitchens, work in cinemas, theatres and night clubs, collecting money door to door and delivering milk. Street trading (i.e. working on a market stall) is only permitted for those aged 14 or over if they are employed by their parents and have a licence from the local authority.

All bye-laws require employers who wish to employ young people of school age to register with the local education authority and apply for a work permit for the young person. Bye-laws may contain further restrictions which differ from area to area - it is therefore essential that you check with your local education authority before you start work

What should you be paid?

From April 1999 there has been a National Minimum Wage in the UK. People aged over 22 are entitled to £3.70 an hour (to be increased to £4.10 from 1st October 2001) those aged 18 to 22 are entitled to £3.20. Young people under 18 will not be entitled to any minimum rate. There are no recommended rates of pay for young people of school age; your pay depends on what you can negotiate with your employer.

If you are not happy with your pay, talk to your friends who have similar jobs, compare your rates of pay and try to negotiate a better rate with your employer. If in doubt, contact the Employment Rights Advice Service (see below).

Checklist

While many employers treat their young employees well, others are not so fair. Here are some tips to help you get a good deal from your job and ensure that your health and safety are not endangered:

• obtain a copy of your local authority bye-laws and check whether you are allowed to do the work:
  • are you the right age?
  • is the job you have been offered prohibited?
  • if you are 13, are you allowed to do the job?
  • make sure you are not working outside the permitted times
  • check that the employer has registered with the local authority and has obtained a work permit for you
  • do not carry heavy things - you may not be able to carry as much as another person, so do not try
  • if you are doing paper deliveries by bicycle, make sure your bike is safe, that you wear a helmet and have lights
  • if your pay is low compared with what your friends are getting, try to negotiate a rise

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  © Low Pay Unit   July 2001

  For further details contact:

  ERAS
  Low Pay Unit
  9 Arkwright Road
  London NW3 6AB
  Advice line: 020 7431 7385

  See our links section for other sources of advice.