Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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

The Committee notes the Government’s report. It also notes the comments made by the Trades Union Congress (TUC) in its communication dated 24 October 2005 and the Government’s reply thereto.

Article 2, paragraph 1, of the Convention. 1. Minimum age for admission to employment or work in England, Scotland and Wales. In its previous comments, the Committee had noted 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 had noted that national legislation specifies the compulsory school age of 16 years and therefore the age up to which children cannot engage in full-time work other than light work. It had also noted the Government’s indication that the “Better Regulation Task Force” carried out a review of the United Kingdom child employment legislation and recommended, in its 2004 report, that the Department for Education and Skills (DfES) work closely with local authorities to: (a) consolidate child employment legislation; and (b) produce best practice guidance on the law which could be used by local authorities, employers, children and parents. The Committee notes the Government’s statement that it has not planned to consolidate the legislation. It does, however, plan to prepare up-to-date authoritative guidance, aimed at helping those in the field to deal with both practical questions and the rational basis of the law. This will provide clarity for local authorities, employers, young people and other stakeholders. The Committee requests the Government to keep it informed on any progress made in this regard.

Article 3, paragraphs 1 and 2. Hazardous work. The Committee had previously noted that Regulation 19(2)(a) of the Management of Health and Safety at Work Regulations (MHSW Regulations), 1999, prohibits the employment of young persons under 18 years in work which is beyond their physical or psychological capacity. It had also noted that the TUC welcomed the progress made since the first draft produced by the Government in extending the list of types of hazardous work prohibited to children under 18 years. The Committee had noted the Government’s indication that the Health and Safety Executive (HSE) issued a publication entitled “young people at work: a guide for employers” providing details of the types of work which carry specific risks to the health and safety of young persons under 18 years of age.

The Committee notes the TUC’s more recent contention that it accepts the risk assessment approach of the Health and Safety Commission (HSC) and the HSE, but the infrequency of workplace inspections means that, in the absence of effective enforcement and where there is no union presence, the safety and health regime is left largely to voluntary action by employers. While the MHSW Regulations place a duty on employers to protect young persons and to conduct a risk assessment in relation to their health and safety, the Convention requires not employers, but the competent authority (or national law), after consultation with the organizations of employers and workers concerned, to determine the types of work which, by its nature and the circumstances in which they are carried out, is likely to harm the health, safety or morals of children, taking into account the relevant international standards, in particular Paragraphs 3 and 4 of Recommendation No. 190.

The Committee notes the Government’s information that young people have additional protection. In fact, health and safety law recognizes that they may be vulnerable because of their inexperience, lack of awareness of risk and general immaturity. It notes that Regulation 19(2)(b),(c),(d) and, (e) of the MHSW Regulations states that no employer shall employ a young person for work: (i) involving harmful exposure to agents which are toxic or carcinogenic, or may in any other way chronically affect human health; (ii) involving harmful exposure to radiation; (iii) involving risks of accidents which it may reasonably be assumed cannot be recognized by young persons; (iv) causing a risk to health from extreme cold, noise, or vibrations. It also observes that other types of hazardous work are prohibited to young persons in the following specific industries or processes: agriculture; carriage of dangerous explosives and goods; shipbuilding and ship repairing; work with power presses; work with woodworking machines; mechanical lifting operations including lift trucks. It notes the Government’s statement under Convention No. 182 that risk assessment, guidance and recommendations issued by the HSE and the HSC relating to types of hazardous work prohibited to persons under 18 years, previously not notified, include: (a) work with animals (allowed only to persons under 18 years who received training); (b) work in the printer industry; (c) work with a mobile circular saw bench (prohibited for persons under school-leaving age; persons between school leaving age and 18 years allowed only if supervised); (d) work in mobile peeling machine (prohibited for persons under school-leaving age; persons between school leaving age and 18 years allowed only if supervised); (e) carriage of passengers on farm trailers (training required for persons under 18 years); (f) work with bandsaw in the food industry. Moreover, the HSE has developed a young workers’ web site which makes the health and safety law in respect of young people more accessible and comprehensive. It also includes industry- and sector‑specific risks, case studies and health and safety legislation enforced by the HSE. The Committee finally notes the Government’s information that it is preparing clear guidance to draw attention to categories of work unsuitable for children.

Article 7, paragraph 3. Determination of light work. England, Scotland and Wales. The Committee had noted 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. The Committee had also noted the Government’s indication that it issued a model by-law which local authorities in England were encouraged to adopt. The model by-law provides that children aged 13 years may not be employed except in light work in one or more of the following specified categories: agricultural or horticultural work; delivery of newspapers, shop work, including shelf stacking; hairdressers; office work; car washing by hand in a private residential setting; in a café or restaurant; in riding stables and in domestic work in hotels and other establishments offering accommodation. The Committee had asked the Government to provide information on the number of hours during which, and the conditions in which, light work listed in the different by-laws is carried out. The Committee notes the Government’s information that there are clear national limits on the work that children may undertake. Local authorities’ by-laws may place further restrictions on the hours and conditions of work and the nature of employment children may engage in. However, no local authority has the power to exceed national limits. The Committee notes that the Children (Protection at Work) (Scotland) Regulations, 2006, supplied by the Government, in order to ensure conformity with Council Directive 94/33/EC on the protection of young people at work, limit to 12 hours per week the number of hours that any child under 16 years can work during any week in which he/she is required to attend school.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s information that there were six improvement notices issued during 2004–05 and two issued during 2005–06 under the MHSW Regulations relating to offences connected to the employment of young persons. During 2004–05, one prohibition notice was issued under the MHSW Regulations regarding the employment of young persons. In 2004–05, three prosecutions were taken under the MHSW Regulations regarding offences connected to the employment of young persons and resulted in convictions. The average fine per conviction was £1,433. During 2004–05, three prosecutions under the Employment of Women, Young Persons and Children (EWYPC) Act of 1920 relating to offences regarding employment of young persons, resulted in convictions. The average fine for conviction was £1,667. In 2005–06, one prosecution was taken under the EWYPC Act, relating to offences regarding the employment of young persons and resulted in a conviction (fine £1,000). The Committee asks the Government to continue supplying statistical data on the employment of minors, extracts from the reports of inspection services and information on the number and nature of contraventions reported.