Bill sets out new rules for employing children

  • Employment Law

Peninsula Team, Peninsula Team

(Last updated )

Viewed by the Government as a key part of its mission to break the link between young people’s background and their future success, whilst also aiming to change the law to better protect children and to raise standards in education, the Children’s Wellbeing and Schools Bill has now been laid before Parliament.

It seeks to improve standards throughout the education and care systems, protect children at risk of abuse and stop vulnerable children falling through cracks in services.

The Bill is also intended to give more flexibility to children and employers in relation to when children can work, aiming to give them more opportunities to take up suitable employment whilst ensuring their health, development and education are not adversely affected.

The Children and Young Persons Act 1933 (CYPA 1933) already makes provision for the employment of children in England and Wales, setting out age limits and restrictions on the hours that children can work and the type of work they can do.

Can a child under the minimum school leaving age (16 years) be employed in an industrial undertaking?

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The Bill proposes the removal of the restriction for children to only be allowed to work for two hours on a Sunday and will allow children to work until 8pm instead of 7pm. Sunday employment restrictions will be amended in England, so that a Sunday is treated the same as a Saturday.

However, children will only be able to work with a work permit, to allow for a greater focus on safeguarding and will only be permitted to work for an hour before school, to ensure their education is prioritised.

The Department for Education has made clear that the main restrictions contained in the CYPA 1933 will remain and, in particular, children will still only be permitted to do light work, which is defined as work that is not likely to be harmful to their safety, health or development or to their attendance at school or participation in work experience.

Current caps on weekly hour limits, as well as a restriction to not be allowed to work during the school day, will continue to be in place.

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