Employing young people

Workers under 16: the rules

Under the Children and Young Persons Act no child under 13 may be employed.

There is an exception for certain types of performance, such as acting, where a part can only be undertaken by a child of that age. Working hours are strictly controlled and they must have a permit issued by the Local Authority, normally the education welfare service.

Strict rules govern the employment of school-age young people and they must be adhered to, even if you only want to employ them to do a paper round. They will also require a permit from your local authority. Nobody under 16 may be employed in manufacturing or any dangerous activity.

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.

National law

In England, Wales and Scotland young people aged between 13 and the minimum school-leaving age may not do any work, paid or unpaid:

before 07.00 or after 19.00
for more than two hours on a school day or Sunday
before the close of school hours (however, Local Authority bylaws may allow young people to work for one hour before school)
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 Northern Ireland, young people aged under 15 may not do any work, paid or unpaid:

for more than one hour before school opening time and at any time between school opening and finishing time
for more than two hours on a Sunday or school day
for more than five hours on a Saturday or weekday (except on a school day)
for more than four hours on a Saturday 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)
for more than 27 hours in any week
without the written consent of their parents

Young people aged between 15 and the minimum school-leaving age may not do any work, paid or unpaid:

for more than one hour before school opening time and at any time between school opening and finishing time
for more than two hours on a Sunday or school day
for more than seven hours on a Saturday or school day (except on a school day)
for more than four hours without taking a break or 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)
for more than 37 hours in any week
without the written consent of their parents

In addition, young people must have a two-week break from any work during the school holiday in each calendar year. See our guide on hours, rest breaks and the working week.

You must do a risk assessment before taking on school-age workers, or review your existing risk assessment. See our guide on risk assessment - an overview.

Your local authority

Your local authority might have its own rules affecting school-aged workers so it's important to check on these by-laws too.

You must also notify your local authority. They may require:

evidence that the job will not be dangerous - your risk assessment and health and safety policy will be useful for this
a permit for each worker issued by your local authority or your local education authority

Statutory maternity and paternity pay

If a pregnant woman or an expectant father is legitimately employed before reaching the age of 16 and meets the qualifying conditions, they are now eligible for statutory maternity pay (SMP) and statutory paternity pay (SPP).

To qualify for SMP or SPP, the employee has to be an 'employed earner', that is someone for whom the employer pays secondary Class 1 National Insurance contributions (NICs) on their wages - or would do if the employed earner was old enough. Those under 16 do not pay NICs on their wages. See our guides on maternity leave and pay and paternity leave and pay.

Subjects covered in this guide

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