Employing school-aged children

Here we aim to explain the law and what it means for your child to have a job whilst at school age.

The Law

It is illegal to employ a child:

• under 13 years of age
• Without a work permit
• For more than two hours on a day when school is open or on any Sunday
• during school hours
• in any factory or industrial undertaking
• in the delivery of milk
• for more than 12 hours in any week that their school is open. (This new regulation came into force in October 2000)

A child formally ceases to be of school age on the last Friday in June of the School year in which he or she reaches 16. The school year commences on 1st September.

For example, Cindy's birthday is 3rd September. She was born in 2002. She will cease to be statutory school age on 30 June 2019.

What is 'light work'?

The legal definition of ' light work' is work that involves tasks or particular conditions which are performed in a way that -

• are not likely to be harmful to the safety, health or development of children; and
• will not be harmful to:
• their attendance at school
• their participation in work experience
• their capacity to benefit from the instruction received or the experience gained.
• No child may be employed unless the employer has carried out a risk assessment for the job to be undertaken and parents or carer informed of those risks.
• No child may be employed in any work outdoors unless they are wearing suitable clothes and shoes.

• between 7am and the beginning of school hours for no longer than one hour and between the end of school hours and 7pm
• for a period or periods not exceeding a total of more than two hours a day and not more than 12 hours in any week that their school is open

• five hours a day or 25 hours a week - for children under 15
• eight hours a day or 35 hours a week - for young people over 15

On non-school days a child who is employed must be given a rest break of one hour after four hours work.

A child who is employed on non-school days must have a two-week holiday from work every calendar year (1 Jan - 31 Dec).

A child who has reached the age of 13 must not be employed for more than two hours on any Sunday.

Prohibited employment

No child of school age may be employed -

• in a cinema, theatre, disco, dance hall or night club
• to sell or deliver alcohol, except in sealed containers
• to deliver milk
• to deliver fuel oils
• in a commercial kitchen
• to collect or sort refuse
• in any work three metres above the ground inside or outside
• in employment involving harmful exposure to physical, biological or chemical agents
• in work involving exposure to adult material or in situations unsuitable for children
• in telephone sales
• in any slaughterhouse or butchers shop
• as an attendant or assistant in a fairground or amusement arcade or any premises with automatic machines of chance or skill
• in the personal care of residents of any care home or nursing home

A child of 14 and over may only be employed in light work subject to the prohibitions listed in the 'prohibited employment' section (available via the link to the right).

A child aged 13 may only be employed in light work in one or more of the following:

• Agricultural or horticultural work
• delivery of newspapers, journals and other printed materials
• shop work, including shelf stacking
• hairdressing salons
• office work
• car washing by hand in a private residential setting
• in a cafe or restaurant
• in riding stables
• domestic work in hotels and other establishments offering accomodation.

Employers must keep a register of all school age children working for them. This should be presented for inspection when requested by an officer from the Local Education Authority.

Twice each year, in January and June, employers will be requested to send the information of each school age child they employ to the Local Education Authority for their area.

A risk assessment must be carried out for each individual child and the child's parent/carer informed of any risk and that the assessment has been carried out. [Health and safety (Young persons) Regulations 1997]