Employing young people

The excitement and opportunities a career in hairdressing can bring is a magnet for young people. Whether you’ve got weekend assistants or full-time apprentices – it’s almost guaranteed that you will employ at least one young person. However, are you aware of the legislation covering their employment? There are strict rules to follow and any employer that doesn’t adhere to the rules does so at their peril.What Is A Child? For the purposes of the statutory provisions relating to employment for children, a ‘child’ is a person not over compulsory school age, ie under 16 years old (unless the individual is due to turn 16 before the following school year commences). Am I Allowed To Employ Children? In general, no children may be employed, paid or not, if they are under 14. Children over 14, but under 16, may be employed to do light work (defined as work not likely to be harmful to a child’s safety, health, development, attendance at school or participation in work experience). Do I Require Special Permission? Local authorities are empowered under the Children and Young Persons Acts 1933 and 1969 (as amended), to pass by-laws restricting the employment of children. The local authority may also, therefore, require particulars of how the child is to be employed, at what times and for what periods from the child’s parents or employer. How Old Do They Have To Be? Limited work may be carried out by those over 14 but:

• a child may not work for more than two hours on any schoolday
• a child over 14 but under 15 may not work for more than five hours on any non-schoolday
• a child over 15 but under 16 may not work for more than eight hours on any non-schoolday
• a child over 14 but under 15 may not work for more than 25 hours in any week in during school holidays
• a child over 15 but under 16 may not work for more than 35 hours in any week in which he or she is not required to attend school.

Are There Restrictions On Hours? Children may not work before the close of school hours on any schoolday, or before 7am or after 7pm on any day. They may not work for more than two hours on a schoolday, or for more than 12 hours in any week in which they are required to attend school. Children may not work for more than two hours on any Sunday. However, the Education Act 1996 says that, with certain exceptions, the laws relating to employing children in their last year of compulsory schooling does not apply where the employment is part of their education. This can be arranged either by the Local Education Authority or by the governing body of a school. Additionally, a child may not work for more than four hours on any day without a rest break of at least one hour. What About People Over 16 But Under 18? A person over 16 but under 18 is termed a ‘young person’ for statutory purposes. Young people may be employed full-time if they are school leavers or, if not, then they may be employed subject to the hour limitations mentioned above. Employees aged 16 or 17 who are not in full-time education are entitled to take time off during the employer’s working hours to undertake study or training leading to a relevant qualification. What Restrictions Are There On Employing Young People? As well as the health and safety restrictions mentioned, young people are entitled to two days off a week. Employers must also undertake a health and capacities assessment if nightwork is required. Are There Any Limitations On Hours For Young People? Under the Working Time Regulations 1998 (as amended), an employer should not allow a young worker (defined as over compulsory school age but under 18) to work between 10pm and 6am (or, where contractually agreed, 11pm to 7am). There are exceptions but a young worker must never work between the hours of 12am and 4am. The maximum hours a young person may work is 40 hours-a-week or eight hours in any one day. Young workers are entitled to a minimum 30-minute rest break after four-and-a-half hours of continuous work. They must also be given two days off per week and must have a minimum daily continuous rest period of 12 hours. What Are The Penalties? If a child or young person is employed in contravention of any of the above restrictions, or of the provisions of any local authority by-law or regulation, the employer is liable for a fine of up to £1,000.