NORTH LINCOLNSHIRE COUNCIL BYELAWS

Education through to careers

Employment rights

HOME > JUST THE JOB > North Lincolnshire Council Byelaws

» RELATING TO THE EMPLOYMENT OF CHILDREN
The law governing child employment exists to ensure that children of compulsory school age are protected and not exploited if they have a part-time job.
Employment of children is governed by law and local byelaws.

It is the responsibility of employers of children to ensure that:


(a) no child under 14 years of age is employed (a child of 13 may be employed in one of the permitted types of employment listed in the Bye laws)
(b) no child is employed in a prohibited occupation
(c) children are employed for the correct number of hours
(d) children are dressed and equipped suitably for the job indoors and outdoors
(e) children are employed only in light work


(a) The employer must notify the authority within one week of employing a child.
(b) Children are considered to be employed if they assist in a business which operates for profit and if they are paid or unpaid. This also applies to an employer's own children.
(c) It is the sole responsibility of the employer to ensure a child has an Employment Permit and that the child is employed only in accordance with the details shown on the Employment Permit.
(d)  An employer must produce details of any child in their employment when required to do so by an authorized officer or police officer.
(e) If a child does not hold an Employment Permit they will not be covered by Employers’ Liability Insurance.
(f) Employers can be prosecuted for employing children illegally.
(g) The local authority may at any time revoke a child’s employment permit if it has reasonable grounds to believe:
(a)      that the child is being unlawfully employed, or
(b)      that their health, welfare or ability to take advantage of their education are suffering or likely to suffer as a result of employment.

Hours and Days of work

(a) not before 7.00 am. or after 7.00pm
(b) not before the close of school hours on any day on which they are required to attend school.
(c) maximum of 2 hours on a school day comprising:-
a.        one hour beginning not earlier than 7.00am before the commencement of school hours, and a further period not exceeding one hour between the end of school and 7.00pm

OR


b.       a period not exceeding two hours between the end of school and 7.00pm. On Saturdays a maximum of 5 hours if under 15 years old and a maximum of 8 hours if over 15 years old
(a) School holidays (Monday-Friday) 25 hours maximum per week if under 15 years old and 35 hours maximum a week if 15 years old or over.
(b) Sundays – 2 hours maximum between 7.00am and 7.00pm.
(c) Every child must have at least two consecutive weeks without employment per year and these must fall within a period in the year in which the child is not required to attend school.
(d) The child must have a minimum of 1 hour break after a 4 hour period of working on one day.
(e) A child must produce their Employment Permit for inspection when required to do so by an authorized officer of the Authority or a police officer.


Permitted Employment of children aged 13


»
A child of 13 may not be employed except in light work in one or more of the following specified categories:

(a) agricultural or horticultural work
(b) delivery of newspapers, journals and other printed materials
(c) shop work, including shelf stacking
(d) hairdressing salons
(e) office work
(f) in a café or restaurant
(g) riding stables, kennels and catteries


Prohibited Employment

» No child of any age may be employed:-

(a) in a cinema, theatre, discotheque, dance hall or night club, except in connection with a performance given entirely by children*
(b)  to sell or deliver alcohol, except in sealed containers
(c)  to deliver milk
(d) to deliver fuel oils
(e) in a commercial kitchen
(f) to collect or sort refuse
(g) in any work which is more than three metres above ground level or, in the case of internal work, more than three metres above floor level.
(h) in employment having harmful exposure to physical, biological or chemical agents
(i) to collect money or to sell or canvass door to door
(j) in work involving exposure to adult material or in situations which are for this reason otherwise unsuitable for children
(k) in telephone sales and canvassing
(l) in any slaughterhouse or in that part of any butcher’s shop or other premises connected with the killing of livestock, butchery, or in the preparation of carcasses or meat for sale, which for the avoidance of doubt includes the dicing and slicing of uncooked meat and other similar operations.
(m) as an attendant or assistant in a fairground or amusement arcade or in any other premises used for the purpose of public amusement by means of automatic machines, games of chance or skill or similar devices
(n) in the personal care of residents of any residential care home or nursing home
 

* this does not prevent children taking part in performances under the provisions of a licence granted in accordance with the Children and Young Persons Act 1963, and the associated
regulations



Risk Assessments

Employers before employing a young person must have carried out a risks assessment:-

The Management of Health and Safety at Work Regulations 1992 and Health and Safety (Young Persons) Regulations 1997 state that:-

Every employer shall, before employing a child, provide a parent of the child with comprehensive and relevant information on:-

(a) risk to his/her health and safety
(b) the preventative and protective measures; and
(c) the risk notified to him/her in accordance with regulations 9 ( 1 ) ( c ). For further information please contact the Environmental Health Dept on 01724 297604


Annual Monitoring

Employers will be expected to notify the Local Education Authority on an annual basis of young people currently in their employ and those who have ceased to be employed in the 12 month period since the last update. It would be helpful if employers could contact the Local Education Authority when a child ceases to be employed.


Penalties

Where a child is employed in contravention of Sections 18 and 20 of the Children and Young Persons Act 1933 or of the provisions of any Byelaws made thereunder and in force, the employer and any person (other than the person employed) to whose act or default the contravention is attributable shall be liable on summary conviction to a fine not exceeding Level 3 on the Standard Scale (currently £1,000).

Section 559(1) of the Education Act 1996 imposes restrictions or prohibits a particular employment. Section 559(2) of the Education Act 1996 empowers the Local Education Authority to issue a notice on an employer or parent/guardian to provide information relating to a child’s employment where it has not been possible to ascertain this. Failure to comply with notices issued under Section 559 of the Act is an offence which carries a fine of up to Level 1 on the Standard Scale or imprisonment for a term of one month, or both.

Permits are free of charge. For more information contact your local Education Welfare Service at:

Hewson House
Station Road
Brigg
North Lincolnshire
DN 20 8XJ

Tel: 01724 287139

Alternatively, contact the Education Welfare Office assigned to the pupil’s school

COMPULSORY SCHOOL AGE

A child whose16th birthday occurs between 1st September and 31st August (both dates inclusive) is of compulsory school age up to and including the last Friday in June