On a rainy day and browsing through the Isle of Wight blogs and forums, as one has had to do with regularity this summer on our fair Isle.  I happened across some information regarding, well lets just say for the record, the legality of child employment.

The summer now almost at an end and the children on the Island having now returned to school, I read with interest of a few children who were, putting it mildly, a tad over zealous in their attempts to jump onto the workplace conduit well before their education had ended.

Now, not wishing to be a killjoy, I’m well aware children like to supplement their pocket money by taking on a summer/part-time job, but it would appear a few seasonal Island employers or even the children themselves fail to realise child employment whilst permitted is still governed by strict rules of law.

The world wide web of our summer holidays, appears to have spawned a minority of would be child entrepreneurs, who believe they are above normal legalities and announce a new successful business as fast as it takes to register a website domain name. 

The reality that ensues when they leave the comfort of cyberspace, in order to practice that business and ply their new trade in the world of real commerce has been obvious (to those that have participated in the debates). 

The children retreat back into their online comfort zone, pick a convenient Island forum then proceed to condemn and negate their peers/adults or all who would dare to challenge the validity/security of their new businesses.

Ah well! I hear you say kids will be kids and I for one, having had a few of my own, would ordinarily agree.  However the online realms of forum land, would also appear to spawn adults who would possibly wish to be kids themselves. 

The online forum debate continues with misinformed adults, possibly unaware (initially) that they are actually replying to children, bolstering the conversation with the usual retort it’s always someone else’s fault and as is usual in todays climate the broad shouldered goverment as always gets the blame.

My historical view of the advent in online forums rests in the good old days of being able to have a good old gossip over the garden fence, of which in the world today now moves with stealth into cyberspace but unfortunately without the love of thy neighbour.

But I digress, back to the original point, I will finish this tome with some legal snippets, of which one hopes the Island employers whether seasonal/voluntary or charitable and perhaps even the children’s parents will all bear in mind. 

Employers (as in anyone who requires or seeks to use) must inform the education department of the local council that they have employed a school-aged child.  If satisfied with the arrangements, the council will then issue the child with an employment permit.  

A child* is considered to be employed whether they are being paid or not, if a child has an accident whilst at work, an employer’s insurance would be invalid if there is no work permit.

The law states employers must undertake a risk assessment for those under 18 years old, before they start work, paying particular attention to age, lack of experience, and other things that could pose a risk to health and safety.

Any employer who allows a child* of school age to work, without first obtaining a work permit, is breaking the law and could be prosecuted.  National legislation applies in the Children and Young Persons Act 1933 and there are also local byelaws which will further regulate such employment.

A young person is anyone under 18 years old, and a child* is anyone who is of compulsory
school age.

There are some jobs which would be dangerous for young people and these are prohibited.
For example, they cannot:

work on a milk round

work in a cinema, theatre, dance hall, disco or night club

sell or deliver alcohol

work in a petrol station

work in a commercial kitchen

undertake food preparation

collect or sort refuse

clean windows or do any job which involves being more than three metres off the ground

do a job which might bring them into contact with harmful chemicals

call at people’s houses to collect money

be exposed to adult material which is considered unsuitable for children and young people

work in telephone sales

work in a slaughterhouse, abattoir or butcher’s shop

work in a fairground or amusement arcade

work in “personal care” in a residential or nursing home

work in a public house

Employer’s responsibility
People who employ children must make sure that:

• No child under 13 years of age is employed
• Children who are employed have a Certificate of Employment
• No child is employed in a prohibited occupation
• Children are employed for the correct number of hours
• Children are suitably dressed and equipped for the job

Children are considered to be employed whether they are paid or unpaid for the work they do, even if working for their own parents. The employment of children is governed by acts of law and local byelaws, which also apply to an employers own children.

• Employers can be prosecuted for employing children and young people illegally without a certificate of employment, under age, in prohibited occupations, or working too many hours. Conviction carries a fine of up to £1,000.
• Children may have accidents because of their immaturity and inexperience or lack of training/ supervision. Your business insurance may be invalidated if a child does not have a Certificate of Employment and then has an accident. Employers should always inform their insurers if/when they employ children.
• Under health and safety legislation, before employing a young person you must have carried out a risk assessment and informed the child’s parents or carers and the Local Authority of the outcome.

No child under the age of 13 can be employed

• Children aged 13 may only be employed in those job categories specified in byelaws
• The Children (Protection at Work) (No 2) Regulations 2000 came into force in October 2000. These state that 13-16 year-olds may only work for a maximum of 12 hours each week during term time, that is any week when a child is required to attend school.
• Children still of compulsory school age who have a Certificate of Employment (issued by the Council in accordance with local byelaws) can be employed, but:
• Not during school hours
• Not before 7am or after 7pm
• Only for two hours on a school day (either two hours after school or one hour before and one hour after school) .
• Only for two hours on a Sunday
• May only work on Saturdays and school holidays (Monday to Friday) for five hours (if under 15 years) or eight hours (if over 15 years). There must be a one-hour break after a maximum four hour work period
• Children must have at least one, two-week period free from work in a school holiday during the course of a year.

The law governing child employment is there to ensure that children are protected and not exploited if they have a part-time job while they are still of compulsory school age.  

A child is of compulsory school age until the date they are officially allowed to leave school. This is not their 16th birthday or when they receive their national insurance number. The law has fixed the school leaving date as the last Friday in June.

The Island Pulse Web Ferret, says: as always be watchful of internet content validity.

For help and advice or to apply for a child work permit contact the Education Welfare Service at the Isle of Wight Council click here: www.iwight.com