Child employment

Pembrokeshire County Council recognises that children of compulsory school age can gain valuable experience through employment, provided the work is appropriate and adequate safeguards are in place.

The employment of children is covered by strict rules and regulations which protect children from any harm or being exploited and to make sure the child’s health and education does not suffer.

The official date for leaving school is the last Friday in June in the school year in which the pupil is 16. Before this date children between the ages of 13 and 16 must have a child employment permit in place if they wish to undertake part time work.

The Pembrokeshire County Council Education Welfare Service is responsible for issuing child employment permits for any employment taking place within its area.

An application form for a child employment permit must be completed and signed by the parents and the employer, and submitted to the Pembrokeshire Education Welfare Service, for consideration.

Child employment permits are specific to the child, the employer and the employment. If a child has more than one job (whether it is with the same employer, another employer or at a different place of employment) each job needs to be registered separately with Pembrokeshire County Council.

Pembrokeshire County Council will only then issue an employment permit for the child, if it is satisfied that the proposed employment is lawful, the child’s health welfare and ability to take full advantage of his/her/their education would not be jeopardised, and the child is fit to undertake the work for which he/she/they are to be employed. The child may be employed only in accordance with the details shown on his/her/their child employment permit.

Employers responsibilities

Every child of school age who has a part time job working for an employer whether they are paid or undertaking voluntary work* must be registered with the Local Authority, where the employment takes place, and have a child employment permit. It is the employers’ responsibility to apply for a child employment permit to employ the child.

*Voluntary work means the child is contributing to a business which is carried out for profit even if the profit is for a charity, the child will need a work permit or licence from Pembrokeshire County Council. For example, volunteering in a charity shop requires a child employment permit. Volunteering in a youth club which is not being run as a business, would not need a child employment permit.

If the circumstances under which they are volunteering means they are contributing to a business which is carried out for profit even if the profit is for a charity, they will need a work permit or licence from the local authority. For example, volunteering in a charity shop requires a work permit/licence. Volunteering in a youth club which is not being run as a business, would not need a work permit or licence.

If you, as an employer want children to work for you then you must take into account the rules and regulations which control how many hours the child may work, what type of work the child can do and the type of premises the child will be working in.

The employer must carry out a specific Child’s Risk Assessment of any hazards relating to the child employment and inform the parent/guardian of the outcome of the assessment. The employer must also make sure that proper clothing and footwear are worn and that proper training, guidance and supervision is given to the child, together with having appropriate insurance cover.

Within 7 days of the child starting work the employer must complete a child employment permit application form which must be signed by the employer and the child’s parent/carer and submitted to the local authority where the employment takes place.

There is nowhere in the legislation which states how much a school aged child must be paid, this is left for negotiations between the employer, child and parent/carer, however, no payment at all or payment in kind (e.g. free riding lessons or free lunch or goods) is still regarded as being employed.

An employer who employs a compulsory school age child without a child employment permit is in contravention of the child employment regulations and action may be taken against them by Pembrokeshire County Council if the employment takes place Pembrokeshire.

Any employer, who is based in Pembrokeshire, who is thinking of employing a child and has not done so previously is advised to contact the Pembrokeshire Education Welfare Service for advice.

Employers should take note of the following:

It is illegal to employ a child under 13 years of age
It is illegal to employ a child without having obtained a child employment permit
Children can only be employed in specific types of work (see below)
No child can work at any time between 7pm and 7am on any day
No child can work more than 2 hours on a school day
No child can work for more than 2 hours on a Sunday between the hours of 7am and 7pm
No child can work more than 12 hours during any week they are required to attend school
A child aged 13 or 14 years can work up to 5 hours on a Saturday or school holiday, and can work up to a maximum of 25 hours a week during school holidays
A child aged 15 or 16 years can work up to 8 hours on a Saturday or school holiday, and can work up to a maximum of 35 hours a week during school holidays
A child who works for 4 hours must have a break of at least 1 hour
A child must have at least 2 weeks’ consecutive holiday per year

The above is only some of the rules and regulations surrounding child employment and you, as an employer, are responsible for ensuring that you are fully aware of the Child Employment Legislation and that any child in you employ is employed legally.

Prohibited employment for children

No child of any age may be employed:

in a cinema, theatre, discotheque, dance hall or night club, except 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 three meters above ground/ floor level.
in employment involving harmful exposure to physical, biological or chemical agents.
to collect money or canvass door to door except under the supervision of an adult.
in work involving exposure to adult material or in situations which are for this reason otherwise unsuitable for children.
in telephone sales.
in any slaughterhouse or in that part of any butcher’s shop or other premises connected with the killing of livestock, butchery, or the preparation of carcasses or meat for sale.
as an attendant or assistant in a fairground or amusement arcade or in any other premises used for the purpose of public amusement by means of automatic machines, games or chance or skill or similar device.
in the personal care of residents of any residential care home or nursing home.

This does not prevent children taking part in a performance under the provisions of a licence granted in accordance with the Children and Young Persons Act 1963 and The Children (Performances and Activities) (Wales) Regulations 2015.

Permitted employment of children aged 13

A child aged 13 may be employed only in light work in the following categories:

agricultural or horticultural work
delivery of newspapers, journals and other printed material
shop work, including shelf stacking
hairdressing salons
office work
car washing by hand in a private residential setting
in a café or restaurant
in riding stables
domestic work in hotels and other establishments offering accommodation

Permitted employment of children aged 14 or over

A child aged 14 or over may be employed only in light work

When a child turns 16

The hours of employment specified for 15-year-olds will apply to a child whilst they are of compulsory school age. Children are legally able to leave school on the last Friday in June in the year in which they reach the age of 16. Children are not able to take up full time employment until after that date.

Information can also be found on the National Network for Child Employment and Entertainment (NNCEE) website (opens in a new tab)

How to apply for a child employment permit

If you wish to apply for an employment permit for a child, where the employment is taking place in Pembrokeshire, please request an application form by e-mailing: educationwelfareservice@pembrokeshire.gov.uk

Please include a copy of your completed risk assessment, which has been signed by both the employer and child. The risk assessment must clearly outline the child’s specific duties.

For further guidance on risk assessments including templates please see the Health and Safety Executive website (opens in a new tab). Please ensure you consider the risks which may apply to young employees and take into consideration their lack of experience and any training that may be required.

Further information

For further information please contact the Pembrokeshire Education Welfare Service:

Email: educationwelfareservice@pembrokeshire.gov.uk

Telephone 01437 764551

School Attendance and Pupil Welfare