Parents and employers
Legal responsibilities
You can download our booklet
What you need to know about child
employment. It gives details of the
restrictions on the type of work that children may do and
restrictions on the hours of work and procedures for registering
child employment.
The employer, and any other person (except the child), could
face penalties if their act or default is in contravention of child
employment legislation. Kent County Council recognises the value of
work for children in a safe environment, and seeks to provide
advice and assistance to employers of children to ensure compliance
with the law.
Frequently asked questions for parents and employers
What is the definition of a child for child employment
purposes?
A child is someone who is of compulsory school age.
What is the definition of employment?
Kent County Council’s Byelaws define employment as “Assistance
in any trade or occupation which is carried on for profit, whether
or not payment is received for that assistance”
At what age can a child be employed?
Children can work from the age of 13
What sort of work can a child do?
A child can undertake light work
What is light work?
Light work is anything which will not be harmful to a child’s
health, safety or development, and which will not have a negative
effect on their attendance or performance at school.
What hours can a child work?
While the child is of compulsory school age there are
restrictions on the number of hours that they can work. The hours
are different depending on whether it is term time or school
holidays.
Do children who work receive the national minimum wage??
No, the national minimum wage does not apply to children of
compulsory school age.
Are children entitled to any breaks during the working
day?
Yes, children are entitled to 1 hours break after working
continuously for 4 hours.
Are child employees entitled to a holiday from their job?
Yes, children are entitled to 2 weeks’ holiday, and this must be
taken when they are not at school i.e. during the summer holidays.
The employer does not have to pay the child holiday pay, however
the employer must ensure the child gets the break that they are
entitled to.
Does the employer need to tell anyone that they have employed a
child of compulsory school age?
The employer must inform the Child Employment officer at their
local authority. The employment must be registered by completing a
registration form which will tell the local Child Employment
Officer what type of job the child is doing, the number of hours
they are working and that a risk assessment has been carried out.
The employer must also give the name and address of their business
and the child’s details so that a work permit can be
issued.
What is a risk assessment?
A risk assessment is an examination of what, in the work place,
could cause harm to a child that is being employed. The employer
must make sure that enough precautions have been taken to prevent
the child from being injured at work. The employer must tell the
child and their parent/carer the outcome of the risk assessment,
and what steps have been taken to control the risks.
The Health and Safety Executive’s booklet “Five Steps to Risk
Assessment” will provide information about how to carry out a
risk assessment. This booklet can be found on their website.
www.hse.gov.uk/pubns
What happens a child is employed but but their employer
does not register them?
The employer would be employing the child illegally and they may
be prosecuted. The child may also not be covered by the employers’
liability insurance.
What are the penalties for illegally employing a child?
The employer may be liable on summary conviction, to a fine not
exceeding level 3 (£1000) on the Standard Scale.
Can a child’s work permit be revoked?
We can revoke a work permit if the job affects the child’s
attendance or performance at school. Alternatively we can take
steps to change the employment to prevent their job having a
negative effect. For example if a child has a paper round before
school and they are late every day, we can advise the employer to
change the hours so that they are working after school. If the
employer cannot change the hours then the child may not be able to
continue working.
Does the employer have to tell anyone if the hours of
employment or type of work with the same employer changes?
The employer must notify their local Child Employment Officer
immediately if the employment changes so that a new work permit can
be issued, or an existing one amended. If the employer does not
notify the Child Employment Officer they may be employing the child
illegally. Please contact your Child Employment Officer for further
advice.
What happens if a business changes ownership?
The employer must notify their local Child Employment Officer
immediately as a new work permit may need to be issued. This will
depend on the type of business. Please contact you Child Employment
Officer for further advice.
Do these rules apply to work experience?
No, work experience is not covered by child employment
legislation.
If a child is 16 and they have their National Insurance number,
can they have a full time job?
Not until they have completed year 11. The school leaving date
in year 11 is always the last Friday in June and child employment
legislation will apply until this date.
Hours of
employment
Do children need a work permit if they are doing charity or
voluntary work?
They do if the aim of the charity is to make a profit i.e.
working in a charity shop. If the organisation raises money to
cover their costs only, then child employment legislation will not
apply.
Where can I find a copy of Kent County Council’s Byelaws on the
employment of children?
Click here for a copy of the
Byelaws
If you require further information about working part-time while
you are still at school, please contact your local Child Employment
Officer.