Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

The Committee notes the Government’s report and the comments made by the Trade Union Congress (TUC) in its communication dated 24 October 2005. It asks the Government to provide any observation that it may wish to make on the matters raised by the TUC.

Article 1 of the Convention. National policy. In its previous comments, the Committee had noted that a Children and Young People’s Unit was established in 2001 and new child-focused structures in the Government were developed. However, it appeared that no national plan of action based on a global vision of children’s rights at work had been set up. The Committee takes due note of the Government’s indication that the Health and Safety Executive has taken part in various initiatives designed to reach out to young people to highlight health and safety issues in the world of work. These include the production of "check it out" videos aimed at students who are about to go on work placement; it shows the risks they may face in the workplace and how to avoid having accidents. The Committee also notes the Government’s indication that a new Safeguarding Children’s Unit has been created within the Children, Young People and Families Directorate. The Children’s Safeguarding Systems Team within the Child Protection Division of the Safeguarding Children Unit is responsible for child employment issues and children’s rights at work. The Committee takes due note of this information.

Article 2, paragraph 1. 1. Minimum age for admission to employment or work in England, Scotland and Wales. In its previous comments, the Committee had noted the Government’s indication 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 had noted, however, 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 had also noted that section 28(1) and (2) of the Children and Young Persons (Scotland) Act, 1937, provide for similar provisions. It had further observed 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 had also taken 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 had also taken note of 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 notes the Government’s indication that children under school-leaving age (approximately 16) may only undertake work on a part-time basis. Moreover, section 18(d) of the Children and Young Persons Act, 1933, provides that no child shall be employed for more than two hours on any day on which he/she is required to attend school or for more than 12 hours in any week in which he/she is required to attend school. The Government also states 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 produce best practice guidance on the law which could be used by local authorities, employers, children and parents. The Task Force also recommended that the DFES commence work on consolidating child employment legislation.

The Committee notes 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 but rather light work. The Committee requests the Government to provide information on the measures taken by the DFES to consolidate child employment legislation in order to make it more readable.

2. Minimum age for admission to employment or work in Northern Ireland. The Committee had observed that, according to section 1 of the 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 had also observed 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 notes the Government’s indication that the Employment of Women, Young Persons and Children Act, 1920, which entered into force in Northern Ireland in 1922, is still in force. The Government states that the Act prohibits the employment of children in any "industrial undertaking" including mines and quarries, the manufacturing industry, construction and the transport of passengers or goods by road, rail or inland waterways. A farm is not regarded as an industrial undertaking. It also indicates that sections 135 and 136 of the Children (Northern Ireland) Order, 1995, provide that no child below the upper limit of compulsory school-leaving age (i.e. approximately 16 years) may be employed before 7 a.m. or after 7 p.m., or before the close of school hours on a school day, or for more than two hours on any school day. It further indicates that the Employment of Children Regulations (Northern Ireland), 1996, limit the types of occupations in which children can be employed and make provision for their conditions of employment. The Committee accordingly notes that national legislation provides that no children under the compulsory school-leaving age of 16 years shall be admitted to work in Northern Ireland except for light work.

Article 3, paragraphs 1 and 2. Hazardous work. The Committee had noted 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. It had observed that, according to section 2 of these Regulations, a young person means a person under 18 years of age. The Committee had noted 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. 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 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 had further expressed its concerns about the lack of comprehensive, consolidated and nationally applied legislation, evidenced by this extensive draft list.

The Committee notes the Government’s indication that the Health and Safety Executive has issued a publication entitled "Young People at Work: A Guide for Employers" which provides details of the types of work which carry specific risks to the health and safety of young persons under 18 years of age. It nevertheless notes that no measures were taken to consolidate the legislation in force. The Committee once again 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 had noted the Government’s indication that, by virtue of section 560 of the Education Act, 1996 (as amended by section 112 of the School Standards and Framework Act, 1998), students of compulsory school age may participate in schemes of work experience where arrangements had been made by the local education authority, or school governing body on its behalf, as part of a student’s education. It had also observed 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 had also observed that under section 124 of the Mines and Quarries Act, 1954, no young person under 16 should be employed underground in mines, except for the purpose of receiving instruction of such description as may be prescribed. It had also noted 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) should be employed in any industrial undertaking, which includes mines, quarries and other works of extraction of minerals from the earth. The Committee asked the Government to indicate whether the exceptional authorization to undertake hazardous work for those aged between 16 and 18 years of age 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.

The Committee takes due note of the Government’s indication that section 124 of the Mines and Quarries Act, 1954, was repealed by the Employment Act. The Government also indicates that there is no legislation relating specifically to Article 6 of the Convention, but it is of the view that national legislation conforms to this Article. It adds that trainees and students, including children, on work experience are regarded in Health and Safety Law as employees and therefore have specific protection in addition to the general protection for all workers. Employers’ duties in this regard are explained in a range of guidance and publications of which copies are enclosed by the Government. The Committee takes due note of this information.

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. 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 had also noted 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 had further noted 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 referred for instance to the model by-laws issued by the National Assembly of Wales. It pointed 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 notes 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 Government indicates that some local authorities have removed certain types of work when issuing their by-law and others have added other categories of work. Thus certain local authorities removed from their by-law: agricultural or horticultural work, delivery of newspapers, work in hairdressing salons or riding stables. It adds that in both Scotland and Wales a similar situation exists.

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 number of hours during which, and the conditions in which light work listed in the different by-laws, is carried out.

Northern Ireland. The Committee had noted 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, it had noted 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. The Committee had further observed 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 newspapers, 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; and (6) light agricultural work or horticultural work for the parents of the child concerned. The Committee had noted that the activities listed under the abovementioned Schedule appear to be light work. However, it had observed 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 and had asked the Government to confirm that only children aged 13 and above may undertake light work. The Committee takes due note of the Government’s indication that, by virtue of section 135 of the Children (Northern Ireland) Order, 1995, children under 13 years of age shall not be employed.

Article 8. Artistic performances. In its previous comments, the Committee had observed that, by virtue of section 23 of the Children and Young Persons Act, 1933 (as amended by the Children (Protection at Work) Regulations, 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 had further noted 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 had noted 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 Committee notes the Government’s indication that current legislation requires all children to obtain a performance licence from their local authority before undertaking performances. It adds that section 37 of the Children and Young Persons Act of 1963 prohibits children from taking part in certain types of performances which are listed in subsection (2) without a local authority licence. According to the Government, a local authority must not grant a licence for a child to do anything unless they are satisfied that the child is fit to do it, that proper provision had been made to secure his health and kind treatment and that, having regard to such provision (if any) as has been or will be made, his education will not suffer. This includes confirmation that an approved chaperone will be in charge of the child at all times except when the child is in the charge of their parent or guardian. The Committee takes due note of this information.

Part V of the report form. The Committee had noted 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 had also observed 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.

The Committee takes note of the Government’s indication that improvement notices dealt with the offences related to the employment of young persons as prescribed by the Management of Health and Safety at Work Regulations. It notes that penalties imposed were fines ranging from £500 to £875. The Committee asks 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.