Recruiting Generation Z
As the summer holidays are approaching, many businesses rely on young people looking for summer holiday work to supplement their seasonal workforce. We take a look at some key employment law factors to consider.
Employing children
Children under the age of 14 cannot usually be employed. However, contact your local authority education welfare officer as local byelaws may relax these rules allowing a child age 13 to work in specific occupations. Children can only be employed in light work.
Before employing a child you should also check with your local authority whether a permit is required. Without a permit, there’s a risk that you will not be insured against accidents involving the child.
Pay
School-aged children are not entitled to the National Minimum Wage (NMW).
Hours
Children are not allowed to work:
- during school hours
- before 7am or after 7pm
- for more than one hour before school (unless local bylaws allow it)
- for more than 4 hours without taking a break of at least 1 hour
- in any work that may be harmful to their health, well-being or education
- without having a 2-week break from any work during the school holidays in each calendar year
Term time rules
Children can only work a maximum of 12 hours a week. This includes:
- a maximum of 2 hours on school days and Sundays
- a maximum of 5 hours on Saturdays for 13 to 14-year-olds, or 8 hours for 15 to 16-year-olds
School holiday rules
13 to 14-year-olds are only allowed to work a maximum of 25 hours a week. This includes:
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- a maximum of 5 hours on weekdays and Saturdays
- a maximum of 2 hours on Sunday
15 to 16-year-olds can only work a maximum of 35 hours a week. This includes:
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- a maximum of 8 hours on weekdays and Saturdays
- a maximum of 2 hours on Sunday
Employing young workers
A young worker is someone who has reached school leaving age but is under 18. Between their school leaving age and 18, a young person in England must do one of the following:
- full-time education or training, such as school or college
- work-based learning, such as an apprenticeship
- working or volunteering (for 20 hours or more a week) while in part-time education or training
In Wales, once a young person has reached the minimum school leaving age, they can go into full-time employment.
Pay
Anyone employed and above school leaving age must get paid at least the NMW.
Hours
By law, young workers must not work more than:
- 8 hours a day
- 40 hours a week
They must also have, as a minimum:
- a 30-minute break if their working day is longer than 4.5 hours
- 12 hours' rest in any 24-hour period in which they work (for example, between one working day and the next)
- 48 hours' (2 days) rest taken together, each week or – if there is a good business reason why this is not possible – at least 36 hours' rest, with the remaining 12 hours taken as soon as possible afterwards
Health and Safety
For many young people, the workplace will be a new environment and they will be unfamiliar with 'obvious' risks and the behaviour expected of them.
They may lack experience or maturity. Make sure they understand what is expected of them, check they understand and are able to remember and follow instructions.
As an employer, you should already be managing any significant risks for all workers in your workplace. But you should assess any additional factors if you employ a young person.
For further advice, NFU Employment Service members can contact our Employment Advisers on 0370 840 0234.