Cornwall Council has a statutory duty to:
- enforce legislation about
all aspects of Children in employment.
A child assisting in any trade or occupation carried on for a profit or gain is classed as employed. Even if they receive no payment for their labour.
It is important that anyone employing a child does so strictly according to the law.
- No child under the age of 13 years can be employed under any circumstances.
- A child having attained the age of 13 and until ceasing to be of compulsory school age may be employed providing such employment is within the law and that the employment will not be prejudicial to the health and well-being of the child or cause the child's education to suffer. Please take note of the hours of employment.
- A child is of compulsory school age until the last Friday in June of the school year that they attain their 16th birthday.
No child shall be employed in any of the following (this is not an exhaustive list):
- in a cinema, theatre, discotheque, dance hall or night club. The only time this is OK is if it is in connection with a performance given entirely by children
- 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 which is more than 3 meters above ground level or, in the case of internal work, 3 meters above floor level
- in employment involving harmful exposure to physical, biological or chemical agents
- to collect money or to sell or canvas door to door, except under the supervision of an adult
- in work involving exposure to adult material. This includes material deemed unsuitable for children
- in telephone sales
- in any slaughterhouse or in that part of any butcher shop or other premises connected with the killing of livestock, butchery or in the preparation of carcasses of meat for sale
- as an attendant or assistant in a fairground or amusement arcade or in any other premises used for gambling
- in the personal care of residents of any residential care home or nursing home unless under the supervision of a responsible adult
- Children under the age of 13 years
- cannot be employed under any circumstances
- Children and young people aged 13 and under 15
- can only work for 2 hours on a school day, either 1 hour after 7am and before school commences and 1 hour after school ends and before 7pm, or for 2 hours after the end of school and before 7pm
- Saturdays and school holidays (excluding Sunday) they can work for up to 5 hours per day, to a maximum of 25 hours per week
- They can only work for 2 hours on any Sunday
- Children and young people aged 15 and 16
- can only work for 2 hours on a school day, either 1 hour after 7am and before the commencement of school and 1 hour after the end of school and before 7pm, or 2 hours after the end of school and before 7pm
- Saturdays and school holidays (excluding Sundays) they can work for up to 8 hours per day, to a maximum of 35 hours per week
- They can only work for 2 hours on any Sunday
NB During the week that children are required to attend at school, they can only work up to a maximum of 12 hours per week, regardless of age.
A person employing a child shall register the child with the local authority within one week of the employment beginning. Forms can be obtained from the child's school and returned to the Child Employment Officer. The employer should keep available for inspection by any officer of the authority, a record showing details of the child, occupation and hours in which the child is employed.
- Children must be suitably dressed (clothing and footwear) for protection against the weather.
- No child shall be employed in any work likely to cause injury, for instance heavy lifting.
- The employment of children in the collection of money is not recommended and is strongly discouraged.
- Employers shall ensure that the child shall have two consecutive weeks free from work during the school holidays.
The Health and Safety Executive (HSE) set up Speak Up, Stay Safe. This is a British Safety Council campaign for employers taking on young people starting summer jobs. Please ensure that you are familiar with this when employing young people.
It is an employer’s responsibility to register any child they employ with the local authority and to apply for a work permit.
The local authority may refuse, or revoke a work permit if:
- the child does not attend at school
- they are frequently late for school
- their school work suffers because of the employment
- their health suffers because of the employment
- the employment is, or becomes, unlawful
The Headteacher or their deputy should sign the work permit application form if satisfied that the employment does not affect the child's education.
Listed on the work permit application form are jobs children cannot do.
All children in employment must have a work permit. If not they are being employed illegally and, more importantly, they may not be covered by any form of insurance should they suffer an injury or have anything stolen (such as a bicycle used for newspaper deliveries) whilst being employed.
Parents should ensure that if their child is employed, such employment is strictly within the law.
Sadly there is always risk of a child suffering injury arising from part time employment. Whilst most employers of children are reputable and carry insurance cover, there is always the possibility of a child suffering injury. In circumstances where the employment is outside the law this causes great difficulty insofar as compensation is concerned. If the child is not registered with the authority and does not have a work permit it is possible that they will not be covered by any insurance.
Parents wishing to ensure that their child is correctly registered for employment and working within the law should contact the child employment officer.
Any money paid to a child by an employer is not governed by law and is a matter between the child, their parents and the employer.
We monitor and supervise children in employment, but from time to time it is found that children are working illegally without our knowledge. This is the reason why employers, parents and children should ensure that the various legislation regarding child employment is strictly adhered to.
Children using cycles for newspaper delivery should ensure that at all times the cycle is safely maintained and lights are fitted and working. It is strongly recommended that children wear cycle helmets. It is also recommended that the cycle should be insured.
Advice and further information
Further information regarding all aspects of child employment may be obtained from the Child Employment Officer.
Cornwall Council is a member of the National Network for Child Employment and Entertainment.