Be a Fair Employer
There are many positive benefits of employing young people. It is also important though to ensure that young people are not exploited and there are some key laws it would be helpful for you to know. In addition the following information, Medway Council might have additional rules affecting school-aged workers so it's important to check on these by-laws too.
Employees aged 18 or over
Employees aged 16 and 17 years
Workers under 16 years of age
Children under 13 years
Employees aged 18 or over
Employees 18 or over are not permitted
- to work more then 13 hours in any one day and they should be given at least 2days off work a week.
- to work more than 48 hours a week. This can be averaged over a 17 week period. A person can agree to work more than 48 hours a week if this is put in writing.
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Employees aged 16 and 17 years
In England and Wales, a young person can leave school on the last Friday in June if they are 16 or will be 16 before the start of the next school year. A child under 16 is defined as one under the minimum school leaving age. As an employer it is your responsibility to ensure a young person does:
- not work over 8 hour days
- not exceed 40 hours per week
- have a break of at least 30 minutes every four and a half hours worked
- have a rest period of at least 12 hours between every working day
- have two non-working days a week
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Employees aged 13-16 years
- Young people aged between 13 and the minimum school-leaving age may not do any work, paid or unpaid:
- before 7am or after 7pm
- for more than two hours on a school day or Sunday
- before the close of school hours (however, Local Authority bylaws can sometimes allow young people to work for one hour before school – you should check first!)
- for more than 12 hours a week during term time
- for more than five hours (13 to 14 year olds) or eight hours (15 to 16 year olds) on Saturdays and during school holidays on weekdays
- for more than 25 hours in total a week - 35 hours if aged 15 or over - during school holidays
- for more than four hours without taking a break of at least one hour
- in any occupations prohibited by local bylaws or other legislation, for example in any industrial setting, pubs, betting shops, or in any work that may be harmful to their health, well-being or education
- In addition, young people must have a two-week break from any work during the school holiday in each calendar year.
- Young people under 16 may not be employed in manufacturing or any dangerous activity.
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Children under 13 years
Under the Children and Young Persons Act no child under 13 may be employed. There is an exception for certain types of work, such as acting, where a part can only be undertaken by a child of that age. However working hours are strictly controlled and they must have a permit issued by the Local Authority (usually the education welfare service).
