Now that we are well into the school summer holidays, it is likely that many employers - particularly those in retailing and manufacturing - will have been approached by schoolchildren looking to make a few pounds before they go back to class in September.
And, given that a 2004 study carried out by Paisley University's Child Employment Research Group for Cumbria County Council concluded that more than half of all children employed in Cumbria were working illegally, employers seem either to be wholly ignorant of the rules governing the employment of children or are deliberately flouting them.
Children, meaning those of compulsory school age, may not be employed at all before they reach the age of 13.
Perhaps unsurprisingly, it is illegal to employ a child before school finishing time on any school day, but fewer employers will know that it is also illegal to employ any child before 7am or after 7pm; not just on school days but also on weekends and holidays.
Children may not work for more than two hours on any school day or on Sundays. They may not work for more than 12 hours in any week during which they are required to go to school and, during holiday periods, the maximum weekly working time is 35 hours, or 25 hours for those under the age of 15.
On days that are neither school days nor Sundays, the maximum daily working time is eight hours, or five hours for the under-15s.
A one-hour rest break is compulsory for each four-hour period of employment and, again unsurprisingly, employers must ensure that in every year, the children they employ have at least two clear weeks during which they are neither at work nor at school.
Employers should also bear in mind that different local authorities will have different bylaws and other requirements relating to the employment of children.
These, along with the statutory requirements imposed by central Government discussed above, must also be satisfied if employers are to stay on the right side of employment law.
* Stephen Elliott is a solicitor in the employment team of North-East law firm Ward Hadaway. He can be contacted on 0191-204 4000 or by email at stephen.elliott@wardhadaway.com
Published: 16/08/2005
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