Employment of Children

The Scottish Clay target Association Ltd believes that Child Protection is the responsibility of every member.

The abuse of children can happen at any time and place and the SCTA recommends that every member should be aware of their personal responsibility and read the SCTA “Children and Vulnerable Protection Policy” which has been carefully documented with the assistance of sportscotland. It is important to remember that in Scotland we have a different “reporting” procedure from the rest of the UK and you are again advised to refer to The Policy for full details.

The SCTA Child and Vulnerable Adult Protection Policy should be read in conjunction with this section

This document gives some basic advice on the types and duration of work that national and local laws may permit children to undertake. As much of this law is determined locally and the different regulations can be confusing or even contradictory, it is advisable to also consult your local authority if you have a particular query as they may have their own rules affecting school-age workers.

Under the Children and Young Persons legislation; – no child under 13 may be employed. 

Young people between 14 and the minimum school-leaving age may not do any work, paid or unpaid:-

• Before 7am or after 7pm
• For more than two hours on a school day or Sunday
• For more than 5 hours on a Saturday or any other day (save Sundays) during holidays
• For more than 12 hours a week during term time
• For more than 25 hours a week (35 hours if aged 15 or over) or for more than 4 hours in any day without a rest break of 1 hour
• A child must have at least 2 consecutive non-school weeks a year without work.

Although the age at which children may generally be employed is set at 14 years, both in European and domestic legislation, the restricted employment of 13 year olds can be permitted on a local basis. This, however, is expected to be an exception rather than a general rule. Some local authorities have made by-laws authorising:

• the employment of children aged 13 on an occasional basis by their parents in light agricultural or horticultural work.
• the employment of children aged 13 in categories of light work as specified in that particular by-law.

These local regulations will inevitably be varied depending on local conditions and employment needs and practices. Local authorities will set regulations governing the hours, days, or times of day a child may work, and they may also set intervals for rest and meal breaks, holidays and any other conditions of their employment.

In addition to this, children are not allowed to work in the areas of street trading (though some local authorities do allow children of 14 to be employed by their parents in street trading), performing abroad, scrap metal sales, betting shops, petrol stations and house to house charitable collections.

The minimum wage legislation does not apply to workers under the age of 16. Statutory Sick Pay regulations also specify that only persons over the age of 16 years are entitled to sick pay, so a child under school leaving age is not entitled to this and, in reality, is most unlikely to receive contractual sick pay, even if prevented from working by illness.

Children Under 16

While children are of compulsory school age, they may not be employed full-time. A teenager may leave school after 31^st May of that year provided that they turn 16 between 1^st March and 30^th September, and pupils aged 16 between 1^st October and the last day of February may not leave until the start of the Christmas holidays that year. Nevertheless they are, however, free to undertake a range of part-time jobs provided such jobs are not deemed to be dangerous or within the manufacturing industry. All children of compulsory school age who choose to work part-time must be registered with the Local Education Authority and may even require a permit from the local authority. For further details it would be best to contact your local Education Welfare Service.

Employers could be prosecuted for illegally employing a child on a full-time basis, even if already 16, before the leaving date - even if the child has been out of school for an extended period.

Young Workers 16 and 17

These young workers are over the minimum compulsory school-leaving age but under the age of 18 and may undertake full-time employment if they wish.

If you employ anyone in this age group you must ensure:-

• worker does not work for more than 8 hours a day or 40 hours a week. Young workers cannot &#x91opt-out&#x92 of the 40 hour limit.
• a break of 30 minutes every four and a half hours worked
• a rest period of 12 consecutive hours in every 24 hour period
• two days off a week
• the national minimum wage of £3 an hour is paid.

Young workers are not normally allowed to work at night between 10pm-6am or 11pm to 7am, though there are some complicated exemptions to this rule in which they may work at night on shifts which run between midnight and 4am provided certain tests are met.  

The Health and Safety Young Persons Regulations 1997 require employers to safeguard the health of the young workers they employ. Before recruiting a young worker, employers have to assess the risks to their health and suitability of the proposed work. This means taking into account the lack of experience, maturity and risk awareness of young workers. Employers are required to inform employees of risks to their health and safety and this also requires employers of children (but not of young persons over school leaving age) to provide parents with &#x91comprehensible and relevant information&#x92 on the risks to the child, and any preventative and protective measures in place.

Summary of legislation

Laws relating to the Employment of Children in Scotland

No child shall be employed under 14 years of age

Only light work shall be done.

The child shall not work before the close of school hours

Not before 7 o&#x92clock in the morning (any day)

Not after 7 o&#x92clock in the evening (any day)

Not for more than 2 hours on any school day

Not for more than 2 hours on a Sunday

Not for more than 8 hours (5 hours for under 15 year olds) on a non-school day or day other than Sunday

Not for more than 35 hours (25 hours for under 15 year olds) during school holidays

Not for more than 4 hours in any day without a rest break of 1 hour

Not without 2 consecutive weeks holiday per year to be taken during school holidays