LRD guides and handbook July 2019

Health and safety law 2019

Chapter 9

Children

[ch 9: page 171]

Children are not covered by the WTR. An Employment Appeal Tribunal ruled that a newspaper delivery boy did not have the right to paid holidays under the WTR as he was not a “worker” (Addison t/a Brayton News v Ashby UKEAT, 17 January 2003).

Instead, the Children (Protection at Work) Regulations 1998 control the working time of children aged 14 and 15. The minimum age from which children are allowed to work is 14, although 13-year-olds may be allowed to do some light work which can be specified in local by-laws. These can impose rules on occupations, hours, rest breaks and holiday times, but cannot weaken those specified in the regulations. The regulations set a maximum daily working time on non-school days of five hours for those aged under 15. Maximum weekly hours are 25 and 35 respectively. Schoolchildren must not work for more than four hours in any day without a rest break and must have at least two weeks free from both school and work.

Guidance on employing children is available on the Department for Education website and on the gov.uk website.

UK government Child employment (www.gov.uk/child-employment)