What is the Minimum Legal Age of Employment in the UK?

Employing youngsters can be an excellent way for employers to benefit from low-cost labour and for children to earn pocket money, learn the value of earning money and increase their confidence through experiences. In order to protect the vulnerability and capabilities of young workers, the law sets out strict rules regarding the minimum age of employees and has stringent guidelines that employers must adhere to when they want to hire a person under the age of 18.

The following article explains the law on the minimum legal age of employment, payment of young workers and the restrictions and allowances of hiring anyone under the age of 18.

What is the minimum working age in the UK?

Children under 16 are not legally allowed to work in a full-time position, but they are able to work for a limited number of hours from the age of 13. This means that jobs such as newspaper deliveries and Saturday working are legal as long as they do not exceed the maximum number of working hours that the child undertakes.

It is only legal for a child to enter full-time employment when they are at least the minimum school leaving age. At this point, they are authorised to work up to a maximum of 40 hours each week. Adult employment rights and laws only apply to employees who are aged 18 and over. In England and Wales, the minimum school leaving age depends on the birth date of the child. Each child can leave school from the last Friday in June if they will be 16 by the end of the summer holidays of that year.

Payment for Workers Under the Age of 18

Unlike with adult workers, the law does not set out details of the minimum wage that must be paid to child employees. Children who have not yet left school are not entitled to receive the National Minimum wage, and they will not be required to pay National Insurance. Employers are not therefore required to include these workers on their payroll, and they are allowed to pay employees under the age of 16 whatever they want to.

Once the worker reaches the age of 16, the employer is legally obliged to pay them a minimum of £3.79 per hour and registered employers will be required to record and report this pay within their payroll. If the employee receives more than £112 per week in wages, the employer will also be required to complete other PAYE tasks including making deductions.

Is it illegal to employ someone under the age of 13?

For the vast majority of jobs, it is illegal to employ a worker under the age of 13. However, if the job is a performance role such as acting or modelling, the worker can be younger. In order to maintain protection for the child, the local council will discuss the role with the child's school, and if there are no objections or concerns, they will issue a performance licence. The producer of the performance is required to apply for the licence, not the parent or school of the child.

Restrictions When Employing a Young Person

The law imposes several restrictions for those who want to employ children in order to ensure that they are treated safely and fairly. The employer will need to consider all of the restrictions as well as the benefits to determine whether the employment of a child is beneficial or wise. Some of the restrictions include that a child is not allowed to work in the following circumstances:

• If there is no employment permit. Permits are obtained from the local council's education department.
• In specific environments such as factories or industrial sites
• Before 7am or later than 7pm
• During school hours
• More than an hour prior to school starting
• In betting shops, gambling environments or pubs
• In excess of 4 hours without a break of a minimum of 1 hour
• In any position that could be detrimental to their health, education or general wellbeing
• Without taking a break of at least two weeks away from all work during the school holidays.

Limits on Child Working Hours

Employers are bound by strict rules regarding the maximum number of hours that a child employee can work in a week. This means that during term time, a child can only be employed for a maximum of 12 hours in any one week, and this is broken down into a maximum of 2 hours on school days or a Sunday and no more than 5 hours on Saturdays for those aged 13-14, or 8 hours for 15-16 year olds.

The working hours allowances change during school holidays and in these times, a 13-14 year old worker is bound by a rule of no more than 25 working hours a week. This is further broken down to a maximum of 5 hours for weekdays and Saturdays, and no more than 2 hours on a Sunday. Employees who are 15-16 years old are allowed to work a maximum of 35 hours per week in the school holidays, with no more than 8 hours on weekdays and Saturdays, and a maximum of 2 hours working on a Sunday.

Employers should be aware that their local council may have their own rules regarding the maximum working hours of children and they will need to adhere to these as well as the law, and so it is necessary to confirm such rules before arranging working timetables for anybody under the age of 16.