Work

As a young person, it's important you know your rights at work, because if you don't, you may be taken advantage of.

We can help if you think you have been unfairly dismissed or discriminated against. We can also give you advice if you are having difficulty finding employment, or if you are thinking about setting up on your own.

You may still be at school, or at college, and you may be feeling that you are being unfairly treated, or that your exam results are wrong. We can provide advocacy to help you resolve any issues you may have with those in charge.

Employment of children under school leaving age

No-one under the age of 14 is allowed to work at all except

  • to take part in sport, advertising, modelling, plays, films, television or other entertainment, when the employer must apply for a licence from the local authority;
  • to do odd jobs for a parent, relative or neighbour; or to do babysitting

In addition, children of 13 may do certain jobs specified in local by-laws. For example, a paper round may be in local by-laws as being acceptable for children under 14 (but aged 13 and above) to do.

The by-laws may state that light work may be done which is not likely to be harmful to the health, safety and development of children.

No-one under the minimum school leaving age can be employed in work which is likely to be harmful to the child's safety, health, development, or work that will affect attendance at school or participation in work experience.

A child must not work:

  • during school hours on any school day
  • for more than two hours on any school day
  • for more than 12 hours in any week in which s/he is required to attend school
  • for more than two hours on a Sunday
  • for more than eight hours (five hours if s/he is under the age of 15)
  • on any day which is not a school day or a Sunday before 7am or after 7pm
  • for more than 35 hours (25 if s/he is under the age of 15) in any week in which s/he is not required to attend school
  • for more than four hours in any day without a break of one hour
  • at any time if, during the 12 months beginning 1 January, working means that s/he has not had (or would not have had) two consecutive weeks holiday from school.

No-one under school leaving age is allowed to be employed:

  • in a factory or in construction work
  • in transport
  • in a mine
  • on a registered merchant ship.

Local authority by-laws

Local authorities may also have by-laws imposing additional conditions.

A local authority will, in any case, require an employer to obtain an employment permit in respect of any work.The permit must be countersigned by the parent.

The minimum age at which local authority by-laws can permit children to work in light agricultural or horticultural work is 13.

By-laws authorising children to work in street trading must specify the days and hours when, and the places where, they may do so.

Employment of 16-18 year olds

Anyone over the minimum school leaving age can work full-time, although there are some restrictions on the type of work, for example, a young person aged 16 or 17 cannot work in a bar.

A local education authority can impose restrictions on the type of work and hours of work a young person aged 16 or 17 can do if s/he stays on at school.

The armed forces

A young person aged under 18 will generally need permission from both parents to join the armed forces.

If the parents are separated or divorced, only the permission of the parent with whom the young person lives is required.

The armed forces have their own minimum age restrictions which reflect current recruitment needs.

Details are available from the appropriate armed forces careers office

Working in a bar

A licensee must not employ a young person in a bar at a time when it is open for the sale or consumption of alcohol, unless the work s/he undertakes is part of an approved training scheme.

If the licensee does employ a young person in these circumstances, s/he will be committing the offence, not the young person

Health and Safety

Before employing anyone under 18, an employer must make or review a risk assessment, taking particular account of the young person's inexperience or immaturity and other specific factors that could pose risks to health and safety.

An employer must give the parent(s) of any child under minimum school leaving age information about the risks identified in the assessment and any control measures which have been put in place to protect the young person's health and safety at work.

A young person must not be employed to do work which:- is beyond her/his physical or psychological capacity; or involves exposure to chemical agents, toxic material or radiation; or involves a health risk because of extreme cold, heat or vibration.

A young person must not be employed where the risk of accidents cannot be recognised or avoided, owing to the young persons insufficient attention to safety or lack of experience or training (all of which issues will be determined by the risk assessment).

However, a young person over compulsory school leaving age may undertake the work provided it is necessary for her/his training, s/he is supervised by a competent person and any risk is reduced to the lowest level that is reasonably practicable.

The health and safety provisions do not apply to short term or occasional work involving domestic service in a private household, for example, babysitting, or work in a family business which is not considered to be harmful or damaging to young people.

Babysitting

A child or young person can babysit at any age, whether she/he is paid or not.

There is no legal restriction on the age of the child being looked after. However, if the child is thought to be at risk because she/he is inadequately supervised, criminal proceedings could be taken against the parent(s) or care proceedings could be taken in respect of the child.

For example, if a child is injured whilst in the care of a babysitter under 16 and the baby's parents want to take action against the babysitter, the parents would have to show it was reasonable for them to have left the child with the babysitter.

A babysitter over the age of 16 can be charged with a criminal offence if she/he wilfully assaults, ill treats or abandons a child left in her/his care.

Education

From 5 to 16
It is compulsory for a child or young person to receive education from the age of five until the last Friday in June of the school year (September to September) during which s/he is 16. Education is free if s/he goes to a state school.

A child or young person up to age 16, who does not attend a state school for her/his education, can be educated at a private school or out of school.

If a child or young person continues in state education after age 16, s/he will normally have the choice of remaining at school or going to a college which provides further education.

Problems in education
If a child or young person is experiencing difficulties at school, for example, over bullying, racist attacks or exclusion, there are a number of courses of action s/he and/or her/his parent(s) can take.

If the problem concerns money, for example, the costs of transport or meals, help may be available for a child or young person up to the age of 16.

Employment contracts and rights

In general, a person under 18 cannot enter into a legally enforceable contract.

However, if s/he does, s/he is able to enforce her/his rights against the other party.

The other person involved may only enforce the contract if it is, on the whole, beneficial to the young person.

Most employment contracts are seen as beneficial to the young person and are, therefore, enforceable.

A young person has the right to paid holiday in the same way as other workers.

A young worker aged between school leaving age and 18 also has specific rights regarding hours of work and rest breaks.

A young person is not entitled to the minimum wage.

Trade unions

Most trade unions allow young people to join at the age of 16, but some accept younger members.

Training Schemes

Youth Training (YT)
A young person who is unemployed may be entitled to a place on a Youth Training (YT) programme.

A young person on a YT programme must be given the opportunity to obtain a qualification at or equivalent to National Vocational Qualification (NVQ) level 2, for example, BTEC or City and Guilds.

There is no prescribed pattern to a YT programme. It can be a mix of work experience, on-job training, or off-job training.

A young person who is looking for a YT place or waiting to take one up may be entitled to a small weekly allowance known as a bridging allowance. It is payable for a total of eight weeks in any 12 month period.

Apprenticeships
An apprenticeship enables a young person to train on-the-job for a skilled occupation. Apprenticeships are rare although a scheme known as Modern Apprenticeships began operating in 1995 offering work-based training for 16-17 year olds.