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Network Journal 2004 Issue 1 |
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Law on young workers confusing says report
More than nine out of ten local authority by-laws on school-age working conflict with national legislation, according to a report from the TUC and the NSPCC. The result is that parents, teachers and young people are confused about how much and what kind of work teenagers can do.
The report, Dazed and confused: Why child employment laws in England are baffling parents and teenagers, was based on a survey of the 149 local authorities in England, and found that the majority have by-laws which are inaccurate on the rules governing the employment of 13-16 year-olds.
The TUC/NSPCC research was published on the same day as a report from the Better Regulation Task Force that calls on the Government to simplify the law on child employment.
The main piece of legislation covering young people at work is the Children and Young Persons Act (CYPA) 1933, although many local authorities have failed to update by-laws to keep pace with changes at national level since 2000.
Under the 1933 Act, children aged 14-16 can undertake light work, as can 13 year-olds in certain circumstances, but only where the local council by-law specifically sets out the kind of jobs that they may do. Yet the survey found that over a third of the councils responding still allow children as young as ten to work.
The CYPA says that 14 year-olds can only do 12 hours paid employment a week during term-time, yet one London borough and ten unitary authorities stated that 17 hours is the allowed maximum.
A TUC spokesperson said: "The TUC has long been urging action to better protect youngsters at work, so the announcement from the Better Regulation Task Force is very welcome. It's right that young people should get experience of work and have the chance to earn, but they should not be exploited or allowed to let work damage their studies."
The TUC wants the Government to:
- introduce a national code bringing together all parts of the law to clarify the situation and ensure that parents, employers and young people are aware of their rights, and the risks they need to be protected from.
- ensure that any national code means the end of the multitude of local by-laws and removes any contradictions within existing law.
- give local authorities more resources to spend more time checking how young people are being employed, and launch a nationwide campaign to raise awareness of the law.
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