Is it Legal to Work at 14?
Q.
My daughter aged 14 is wondering about taking work in a small restaurant locally, washing up, one evening a week for around 5 hours. I believe some of her friends already do the same thing.
What are the implications of this from a parents point of view? We are not sure if this is allowed under employment law, should we be worried as parents or is it the employer who is taking the risk?
A.
Under the 1998 amendment to the Children and Young Person’s Act 1933, the minimum working age is 14, although 13 is acceptable for some work, such as paper rounds. So in that regard it’s perfectly acceptable for your daughter to work.
However, under the Act, the hours she’s working – and where she’s working – would seem to be illegal.
It’s admirable that she’s shown the initiative and willingness to work and bodes well for the future, but children between 13 and school leaving age are restricted in the hours they may work.
On school days, that’s limited to one hour before school and two hours after, but the total on any school day cannot be more than two hours. During term time, including weekends, they’re allowed a total of 12 hours a week of work, which includes Saturdays and Sundays, with a maximum of two hours on a Sunday. After three hours of work they must be given an hour’s break. For those 15 and older it’s eight hours on non-school days, with an hour’s break after four hours of work.
During school holidays, at ages 13 and 14 they can work a maximum of 25 hours a week (for 15 and over that expands to 35 hours in a week) including weekends.
There are also a number of places where children of any age cannot be employed, and it’s a fairly lengthy list. They can only deliver or sell alcohol in sealed containers, for instance, and aren’t allowed to work more than three metres above the ground, or work with chemical or biological agents, or with adult materials. These, of course, are all for the protection of the child. But also in that list is a prohibition against working in a commercial kitchen. That could quite possibly include washing dishes in a small local restaurant, since it is a commercial operation.
If inspectors were to come in, your daughter’s employer might be found to be in violation of the Act.
Your daughter should also have a permit to work, because of her age. It will be issued by the Local Education Authority.
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