New laws on the employment of children - new protections for young workers

United Kingdom

New laws on the employment of children

Simon Jeffreys explores new protections for young workers

UK laws on the employment of children have now been brought into line with the European Union's Young Workers Directive of 1994. Three pieces of legislation were required to bring about the necessary change. The Health and Safety (Young Persons) Regulations 1997 came into effect on 3rd March 1997. The Children (Protection at Work) Regulations 1998 became effective on 4th August 1998. Finally, the Working Time Regulations 1998 became effective on 1st October 1998. The first two sets of Regulations are amending provisions but the Working Time Regulations stand on their own.

Health and safety

Employers must take special care for the health and safety of workers under the age of 18. The 1997 Regulations require employers to take account of a young worker's inexperience, lack of awareness of risks and immaturity, as part of any risk assessment. Second, employers must notify the parent of the risks and preventative measures being taken. Third, they must take steps to ensure the young workers' protection from those risks.

There are also specific rules against employing young people for work which is beyond their physical or psychological capacity or where there are specific sorts of risks, such as harmful exposure to toxic or carcinogenic agents.

Employment of children under minimum school leaving age

The Children (Protection at Work) Regulations 1998 introduce four fundamental changes in the law. First, the age at which a child can normally be engaged to work is raised from 13 to 14. Second, 14 and 15 year olds are prohibited from doing anything other than 'light work'. Third, there are new limits on their working time. Fourth, provision is made for local authorities to make byelaws permitting the employment of 13 year olds in specified sorts of light work. Breach of these laws remains a criminal offence.

'Light work'

Light work is defined by reference to the requirements of the EU Directive. Broadly, it is work which does not jeopardise a child's safety, health, development, attendance at school or participation in work experience.

Working time limits

The existing restrictions on when a child can work have been supplemented with new working time limits. A 14 or 15 year old cannot be employed to work during school hours on any school day, before 7 in the morning or after 7 at night or to work for longer than 2 hours on any school day.

The new law supplements these with the following provisions. A 15 year old may work for up to 8 hours and a 14 year old for up to 5 hours on any day which is not a school day or a Sunday. However, this is subject to weekly limitations on working time which limit a 15 year old to 35 hours a week and a 14 year old to 25 hours a week during school holidays. Further, there is a requirement for a rest break of one hour after four hours' continuous work. Also, a child must be allowed at least 2 consecutive weeks free of work during school holidays.

Byelaws

When an employer wants to employ a 13 year old, it must have regard to the relevant local authority byelaws to see whether or not that employment falls within one of the categories permitted under those byelaws.

Performing

There is also an extension of the prohibition against a child going abroad for the purpose of performing for profit without a local authority licence. This covers children going abroad for the purpose of taking part in a sport or working as a model where payment is to be made. The present restrictions on children taking part in public performances are retained and extended to require a licence to be obtained before a child may take part in a sport or work as a model where payment is to be made either to the child or to someone else. The provisions concerning licensing are amended so that a licence may be obtained from any Justice of the Peace.

Employment of 16 and 17 year olds

The working time of 16 and 17 year olds is now regulated by special provisions in the Working Time Regulations 1998.

16 and 17 year old workers are 'young workers' in the Working Time Regulations. Young workers are subject to the same 48 hour average weekly limit as adult workers. They must be given a free health and capacities assessment before being assigned to work between 10 p.m. and 6 a.m. They are entitled to 12 hours' continuous rest in every 24 hour period (compared with 11 hours for adults). They are also entitled to 2 whole days' rest every week. The unmeasured working time and 'special circumstances' flexibilities do not apply to them.

They are entitled to a 30 minute rest break after 4 1/2 hours' work (adults get 20 minutes after 6 hours). Again there are only restricted flexibilities compared with adult workers. However, a young worker's entitlement to paid holiday is the same as an adult worker.