Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Minimum Age Convention, 1973 (No. 138) - United Kingdom of Great Britain and Northern Ireland (Ratification: 2000)

The Committee takes note of the Government’s first and second detailed reports. The Committee also takes note of the comments made by the Trades Union Congress (TUC) on the application of the Convention in the United Kingdom. It also notes with interest that the Government ratified Convention No. 182 on the worst forms of child labour on 22 March 2000. The Committee requests the Government to supply further information on the following points.

Article 1 of the Convention. National policy. The Committee notes that a Children and Young People’s Unit was established in 2001 and new child-focused structures in the Government were developed. However it appears that no national plan of action based on a global vision of children’s rights at work has been set up yet. The Committee asks the Government to provide further information on the Children and Young People’s Unit and on the national policies designed to ensure the effective abolition of child labour.

Article 2, paragraph 1. Minimum age for admission to employment or work in England, Scotland and Wales. The Committee notes the Government’s indication, in its report, that the minimum age for admission to employment or work in the United Kingdom is the time when a child ceases to be of compulsory school age, which is normally when he or she is 16 years old. Indeed, section 558, Chapter IV of the Education Act, 1996, states that for the purposes of any enactment relating to the prohibition or regulation of the employment of children or young persons, any person who is not over compulsory school age shall be deemed to be a child within the meaning of that enactment. The Committee however notes that section 18(1) of the Children and Young Persons Act, 1933 (as amended by the Children (Protection at Work) Regulations of 1998 and 2000), states that, subject to the provisions of this section and of any by-laws made thereunder, no child shall be employed: (a) so long as he or she is under the age of 14; (aa) to do any work other than light work; or (b) before the close of school hours. Subsection (2) of section 18 of the Children and Young Persons Act indicates that a local authority may make by-laws with respect to the employment of children and may contain provisions: (a) authorizing the employment of children aged 13 in categories specified by by-laws; or (b) prohibiting absolutely the employment of children in any specified occupations; (c) prescribing the age below which children are not to be employed. The Committee notes that sections 28(1) and (2) of the Children and Young Persons (Scotland) Act, 1937 provide for similar provisions. The Committee observes that the law does not make it clear whether the general minimum age for admission to employment is 14 or if paragraphs (a) and (aa) of section 18(1) of the Children and Young Persons Act, 1933 shall be read together as to mean that the minimum age for admission to light work is 14 years. The Committee further observes that pursuant to section 18(2) in fine, by-laws taken by the local authority authorizing: (i) the employment of children aged 13 by their parents or guardians in light agricultural or horticultural work; (ii) the employment of children for not more than one hour before the commencement of school hours on any day on which they are required to attend school may derogate from subsection (1) of section 18. Consequently, the Committee observes that a child irrespective of his/her age may perform work other than light work for not more than one hour before the commencement of school hours on any day. The Committee takes note of the statement of the TUC that, with regard to the employment of young people, 15 European directives and international conventions, 16 domestic acts of Parliament and statutory instruments are in force as well as 172 local by-laws. It also notes the TUC’s comments regarding the complexity of many relevant legislative provisions on work permitted for school-age children and the need for simplification.

The Committee reminds the Government that, according to Article 2, paragraph 2, of the Convention, the general minimum age for admission to employment or work shall be 16 since it is the minimum age specified by the Government at the time of ratification. The Committee requests the Government to indicate whether there is any existing or envisaged legislative provision that explicitly prohibits the employment of children before leaving compulsory schooling, which is approximately around 16 years of age, and to supply specific reference and copy of such provision. Unless such explicit legislative provision is confirmed, the Committee asks the Government to indicate any measures taken or envisaged to clarify the rules and raise awareness on the contents of its national legislation on the minimum age for admission to employment or work.

Minimum age for admission to employment or work in Northern Ireland. The Committee observes that, according to section 1 of the available Employment of Women, Young Persons and Children Act, 1920, no child (i.e. under 16 years of age) shall be employed in any industrial undertaking. It also observes that the copy of the text provided by the Government indicates that the Act is not necessarily in the form in which it has effect in Northern Ireland. The Committee consequently asks the Government to supply a copy of the Employment of Women, Young Persons and Children Act, 1920 as applicable to Northern Ireland.

Article 3, paragraphs 1 and 2. Hazardous work. The Committee notes that section 19 of the Management of Health and Safety at Work Regulations, 1999, states that no employer shall employ a young person for work which is beyond his/her physical or psychological capacity, involving harmful exposure to agents which are toxic (…), involving harmful exposure to radiation, involving the risk of accidents which it may reasonably be assumed cannot be recognized or avoided by young persons owing to their insufficient attention to safety or lack of experience or training or in which there is a risk to health from extreme cold, noise or vibration. It observes that according to section 2 of these Regulations, a young person means a person under 18 years of age. The Committee notes the Government’s indication, in its report, of other types of work which are currently prohibited or restricted in the United Kingdom for children below the age of 18 years either in legislation, approved codes of practices or health and safety executives (HSE) agreements with industry. The Committee notes that the activities prohibited are dispatched in several pieces of legislation which makes it very difficult to identify the types of work prohibited for children under 18 years of age. The Committee also notes that the TUC welcomes the progress made since the first draft produced by the Government in extending the list of types of work, which by their nature or the circumstances in which they are carried out, should be defined as likely to jeopardize the health, safety or morals of children under 18. The TUC also points out that the draft list could be more helpful to the social partners if it were to list the relevant sections of legislation and regulations. It also highlights the need to consolidate and strengthen child labour legislation in the United Kingdom. The TUC further expresses its concerns about the lack of comprehensive, consolidated and nationally applied legislation, evidenced by this extensive draft list. The Committee encourages the Government to lay down in a single comprehensive text the types of employment or work which by their nature or the circumstances in which they are carried out are likely to jeopardize the health, safety or morals of young persons. It also asks the Government to provide information on any progress made in this regard.

Article 3, paragraph 3, and Article 6. Admission to hazardous work as from 16. The Committee notes the Government’s indication that section 560 of the Education Act, 1996 (as amended by section 112 of the School Standards and Framework Act, 1998) enables students of compulsory school age to participate in schemes of work experience where arrangements have been made by the local education authority, or school governing body on its behalf, as part of a student’s education. It also observes that Regulation 19, section 3 of the Management of Health and Safety at Work Regulations, 1999 provides that the types of hazardous work which are prohibited under subsection (2) for young persons shall not prevent the employment of a young person who is no longer a child (i.e. approximately 16) for work: (a) where it is necessary for his/her training; (b) where the young person will be supervised by a competent authority; and (c) where any risk will be reduced to the lowest level that is reasonably practicable. A similar provision exists under the Management of Health and Safety at Work Regulations (Northern Ireland), 2000. The Committee also observes that under section 124 of the Mines and Quarries Act, 1954, no young person under 16 shall be employed underground in mines, except for the purpose of receiving instruction of such description as may be prescribed. The same prohibition applies to all females. It also notes that, according to section 1 of the Employment of Women, Young Persons and Children Act, 1920, no child (i.e. a school-leaving age person according to section 558 of the Education Act, 1996, and section 31 of the Education (Scotland) Act of 1980) shall be employed in any industrial undertaking, which includes mines, quarries and other works of extraction of minerals from the earth. The Committee asks the Government to indicate whether the exceptional authorization to undertake hazardous work for those aged between 16 and 18 under Regulation 19(3) of the Management of Health and Safety at Work Regulations and under section 124 of the Mines and Quarries Act, 1954 is allowed only for work carried out in conformity with Article 6 of the Convention, which requires such work to be an integral part of: (a) a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. If so, the Committee would request the Government to provide a copy of relevant rules or documents showing the practice. If not, the Committee requests the Government to provide further information to ascertain that the conditions of exception under Regulation 19(3) of the Management of Health and Safety at Work Regulations fulfil the requirements contained in Article 3(3) of the Convention, namely that: (i) the health, safety and morals of the young persons concerned are fully protected; and (ii) that the young persons concerned have received adequate specific instruction or vocational training in the relevant branch of activity.

Article 7, paragraph 3. Determination of light work. England, Scotland and Wales. The Committee notes that under section 18(2)(a)(ia) of the Children and Young Persons Act, 1933 (as amended by the Children (Protection at Work) Regulations No. 276 of 1998) and section 28(2)(ia) of the Children and Young Persons (Scotland) Act, 1937, a local authority (or the Secretary of State for Scotland) may make by-laws authorizing the employment of children aged 13 years in categories of light work specified in by-laws. Light work is defined as work which, on account of the inherent nature of the tasks which it involves and the particular conditions under which it is performed: (a) is not likely to be harmful to the safety, health or development of children; (b) is not harmful to their attendance at school or to their participation in work experience in accordance with section 560 of the Education Act, 1996, or their capacity to benefit from the instruction received (section 18(2)(A) of the Children and Young Persons Act, 1933 as amended by the Children (Protection at Work) Regulations, 1998). The Committee notes the TUC’s communication indicating that the law governing how much and what kind of work school-age children in England and Wales carry out is too complicated and confused. It also notes the TUC’s concern about certain occupations that can be undertaken by children by virtue of by-laws listing the types of employment children may undertake. The TUC refers for instance to the model by-laws issued by the National Assembly of Wales. It points out that agricultural or horticultural work may be performed by children aged 13 or more, and indicates that it is unclear whether these types of work fall within the definition of light work: not harmful to the health, safety and development of the child. The Committee reminds the Government that by virtue of Article 7(3) of the Convention, the competent authority shall determine the activities in which employment or work may be permitted and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee asks the Government to provide information on the different by-laws listing light work, the types of activities usually found to be light work and whether all parts of England, Scotland and Wales have by-laws providing for a list of light work activities. The Committee also encourages the Government to ensure that these activities fall under the definition of light work laid down in section 18(2)(A) of the Children (Protection at Work) Regulations 1998.

Northern Ireland. The Committee notes the Government’s statement that in Northern Ireland children aged between 13 and the upper limit of compulsory school age (around 16) may only work in occupations which are specified in the Employment of Children Regulations (Northern Ireland), 1996. However, the Committee notes that, by virtue of section 135 of the Children (Northern Ireland) Order 1995, no child shall be employed: (a) so long as he/she is under the age of 13; or (b) before the close of school hours on any day on which he/she is required to attend school; or (c) before 7 a.m. or after 7 p.m. on any day; or (d) for more than two hours on any day on which he/she is required to attend school. Section 136 of the Children (Northern Ireland) Order stipulates that the Department may make regulations with respect to the employment of children and any such regulations may contain provisions prescribing the age below which children are not to be employed. It observes that section 133(1) of the Order provides that a child means a person who is not over school-leaving age, which is approximately 16 years according to section 46 of the Education and Libraries (Northern Ireland) Order 1986. The Committee further observes that section 2 of the Employment of Children Regulations (Northern Ireland), 1996 states that no child under 16 years of age shall be employed in any occupations other than those specified in the Schedule. These occupations are: (1) delivery of newspaper, milk, groceries, foodstuffs, flowers or drapery goods; (2) office work except in premises licensed for the sale of intoxicating liquor, betting or gaming; (3) hotel and catering work except in the kitchen or portions of premises licensed for the sale of intoxicating liquor; (4) work as shop assistant excluding any premises licensed for the sale of intoxicating liquor, betting or gambling; (5) domestic work; (6) light agricultural work or horticultural work for the parents of the child concerned. The Committee reminds the Government that by virtue of Article 7 of the Convention, only children aged 13 and above may be authorized to perform light work. The Committee notes that the activities listed under the abovementioned Schedule appear to be light work. However, it observes that section 135 of the Children (Northern Ireland) Order, 1995 authorizes children under 16 to perform light work without providing a minimum threshold age of 13. The Committee accordingly requests the Government to confirm that only children aged 13 and above may undertake light work. If not, the Committee asks the Government to take the necessary measures to ensure that national legislation clearly states that children aged 13 shall only perform light work.

Article 8. Artistic performances. The Committee observes that, by virtue of section 23 of the Children and Young Persons Act, 1933 (as amended by the Children (Protection at Work) Regulation, 2000), no person under the age of 16 years and no child aged 16 years shall take part in public performances in which his/her life or limbs are endangered. Similar prohibitions are laid down in section 33 of the Children and Young Persons (Scotland) Act, 1962 and in section 141 of the Children (Northern Ireland) Order, 1995. The Committee further notes that section 24(1) of the Children and Young Persons Act, 1933, section 34 of the Children and Young Persons (Scotland) Act, 1962, and section 142 of the Children (Northern Ireland) Order, 1995 provide that no person under the age of 12 years shall be trained to take part in performances of a dangerous nature. Under the three abovementioned Acts, it is stated that a local authority may grant a licence for a child who has attained the age of 12 years to be trained to take part in performances of a dangerous nature (section 41 of the Children and Young Persons Act, 1963 giving effect to section 24(4) of the Children and Young Persons Act, 1933; section 34(3) of the Children and Young Persons (Scotland) Act, 1962; and section 143 of the Children (Northern Ireland) Order, 1995). The Committee notes the TUC’s comments on the possibility for children aged 12 to be trained to take part in performances of a dangerous character, such as acrobatics and contortionism if they are granted a licence from the local authority. The licence shall specify the place or places at which the person is to be trained and shall embody such conditions as are, in the opinion of the authority, necessary for his protection, but a licence shall not be refused if the authority is satisfied that the person is fit and willing to be trained and that proper provision has been made to secure his/her health and that kind treatment is assured. The Committee reminds the Government that by virtue of Article 8 of the Convention, the competent authority may authorize children to participate in artistic performances. However, by virtue of Article 3 of the Convention, this authorization shall not lead to children being engaged in hazardous work, except for children aged 16 and above who may take part in them under the two conditions laid down in Article 3(3) of the Convention; namely (i) that their health, safety or morals are fully protected, and (ii) that they have received adequate specific instruction or vocational training before taking part in performances of a dangerous nature. The Committee requests the Government to indicate the measures taken or envisaged to ensure that children under 18 do not take part in dangerous artistic performances, or alternatively that they take part in them from 16 years of age upon fulfilling the requirements of Article 3(3) of the Convention. The Committee also asks the Government to provide information on the types and duration of dangerous performances for which licences have been granted.

Part V of the report form. The Committee notes the Government’s indication, in its report, that eight improvements notices were issued and three prosecutions taken under the Management of Health and Safety at Work Regulations relating to offences connected to the employment of young persons. It also observes that one prohibition notice was issued under the Employment of Women, Young Persons and Children Act, 1920. The Committee also observes that, according to a TUC survey on school age employment in England and Wales of 2001, approximately 75 per cent of children aged between 10 and 16 years work either Saturdays or Sundays, and 30 per cent work on both days. It also notes that 65 per cent of children aged from 10 to 16 years work at least one weekday. However, 77 per cent of working children declared not to have missed school to do paid work. According to the survey, term-time jobs include paper rounds (39 per cent), baby-sitting (38 per cent), shop work (15 per cent), and cleaning (14 per cent). The Committee would be grateful if the Government would supply information on the types of violations noticed and the penalties imposed. The Committee also requests the Government to continue supplying information on the manner in which the Convention is applied in practice, including, for example, statistical data on the employment of minors, extracts from the reports of inspection services, and information on the number and nature of contraventions reported.