education is compulsory

Employment and Children

The following information is accurate but you should consider reading in full the latest guidance from DCSF on child employment. Many local authorities have additional by-laws regulating the work of children. If you/your children are considering working, you should contact your local authority, usually the Education Welfare Service, who will be able to give you advice relevant to your area. All relevant legislation relates to children attending schools; again you should check with your local authority if they have by-laws which affect home educated young people working.

Employment

As well as employment in its normal meaning, the Children and Young Persons Act 1933 states that a person who assists in a trade or occupation carried on for profit is considered as employed even though he or she may receive no payment. So the rules in the Children and Young Persons Act will apply where, for example, children help their parents in a shop without receiving any payment. In its 2009 Guidance on the Employment of Children" DCSF says that it "considers that any occupation where the aim is to make a surplus would be considered as a trade or occupation carried on for profit so, in DCSF’s view, unpaid work at a charity shop would count as employment, but not, for example, unpaid work at a youth club."

Registration

All young people must be registered with the Local Education Authority. The Employer needs to contact the Education Welfare Service to obtain the correct forms.

Age

The EC Directive on Protection of Young People at Work" (94/33/EC) states that in general children may not be employed until they are aged at least 15. This is reduced to 14 for light work and there are further exceptions "for the purposes of performance in cultural, artistic, sports or advertising activities" - see section on Children in Entertainment below). Legislation states that work should take place outside of the school day; therefore it could be interpreted that home educated young people should not work during what would normally be their study time. However, working hours should be after 7 am and before 7 pm.

The 2009 Guidance on the Employment of Children states that "In the case of a restriction which relates to the school day or a day on which the child has to go to school the Act does not deal with the position of home educated children" so it is important that you agree with your local authority any interpretation of hours to be worked.