Employment Law Employing Children and Young People – Five Things Employers Should Know
Employing Children and Young People – An Employer’s Guide
This is the time of year when many employers consider employing children and young people during the holiday period. This article serves as both a reminder of the current rules governing the employment of children and young people and an announcement of forthcoming changes.
Every summer, many employers in retail, hospitality, tourism and leisure take on additional staff to cope with increased demand. This year, however, seasonal recruitment takes place against a backdrop of rising employment costs, with many businesses already feeling the impact of higher National Insurance contributions and wage bills.
While employing school-age children and young people can help employers meet seasonal demand, it’s essential to understand the different legal rules that apply. Additionally, the Children’s Wellbeing and Schools Act 2026 will amend the Children and Young Persons Act 1933 to change the rules on children’s working hours.
1. Children and Young People – The Difference in Law
Employment law distinguishes between two groups: children and young workers. A child is anyone below the minimum school-leaving age, while a young worker is someone who has reached the minimum school-leaving age but is under 18. In England, most young people reach the minimum school-leaving age at the end of the school year in which they turn 16, although they must remain in education or training until they are 18. This may include full-time education, an apprenticeship, or working or volunteering for 20 hours or more a week alongside part-time education or training.
Different school-leaving rules apply in Scotland and Wales. Children may usually work from the age of 14, although some local authorities permit certain types of work from the age of 13.
2. National Minimum Wage
The law around remuneration for children and young people is also different. Importantly, children do not fall within the National Minimum Wage (NMW) rules; these only apply once a young person is over the school-leaving age. Therefore, there is no minimum pay that children must receive. However, they should still be treated fairly and paid in accordance with what has been agreed between the child and their employer. The lowest band of the NMW applies to those aged over the school-leaving age and to 17-year-olds.
3. Working Hours
Children and young people are subject to restrictions on their working hours, rest breaks and holidays. Young workers are entitled to paid holiday, usually calculated on a pro-rata basis for temporary, casual, or part-year work. This is typically based on the standard annual leave entitlement of 5.6 weeks. They also receive a 30-minute break for shifts over 4.5 hours, must have a 12-hour rest break each day, and a single rest period of at least 48 hours per week.
Children can work only between 7 am and 7 pm, for a maximum of 12 hours a week during term time, and no more than 2 hours on school days and Sundays. On school days, they may work 1 hour before school (if they are 13) and must not work during school time. They must have a 1-hour break if their shift lasts more than 4 hours, and they must have 2 weeks’ annual leave.
On Saturdays and during school holidays, 13- and 14-year-olds may work no more than 5 hours a day and no more than 25 hours a week. 15- and 16-year-olds (under school-leaving age) may work up to 8 hours a day, with a maximum of 35 hours a week. In addition to these national restrictions, some local authorities have specific rules governing the employment of children. It is advisable to check with your local authority’s education department before employing a child.
4. Upcoming Changes to Legislation Concerning Employment of Children & Young People
The Children’s Wellbeing and Schools Act 2026 has received Royal Assent and will amend children’s working hours. Under these amendments, the following changes have been made:
• The time period during which children can work is extended by one hour to 7 am–8 pm
• Children are not permitted to work for more than one hour before school.
• The restriction on working only two hours on a Sunday is lifted
• A new “child employment permit”, granted by a local authority, will be required before a child may work.
A date for when these provisions take effect has not yet been announced. If you are planning to employ a child, please check with us for the date the new legislation commences.
5. Rules About Types of Work and Environments
There are also limits on the work children and young people are allowed to do. Children can do “light work” that is unlikely to harm their safety, health or development, or to affect their attendance at school or participation in work experience. This means they must not work in places such as factories or industrial sites, nor in any form of gambling. They also cannot sell alcohol.
Young workers can undertake a wider scope of tasks. However, additional health and safety risk assessments should be completed, taking into account their lack of maturity and knowledge.
And Finally….
Employing children and young people can be a fantastic way to support your business during busy periods while giving them valuable workplace experience. However, as we’ve highlighted, the legal requirements differ from those that apply to adult employees and are set to change again soon. If you’re unsure what the rules mean for your business, or you’d like support to ensure you’re recruiting legally and with confidence, contact Spotlight HR. We appreciate that the laws around employing children and young people are complex, so we’re here to help you stay compliant, avoid costly mistakes and keep up with changes in employment law.