Employing children and young persons
Employing children and young persons

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Employing children and young persons
  • Contractual capacity of minors
  • Employment of children
  • Paid performances, sport and modelling
  • Statutory rights of children
  • Employment of young people
  • Minimum age for full-time work
  • Duty to participate in education and training in England
  • Paid time off for study and training in Wales and Scotland
  • Working time rules for young people
  • More...

Employing children and young persons

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: Brexit and IP completion day—implications for employment lawyers.

When considering the possibility of employing children and young people, employers should be aware of:

  1. issues relating to the contractual capacity of minors (see Contractual capacity of minors, below)

  2. statutory rules relating to the employment of children (see Employment of children, below)

  3. the right to time off for study and training

Contractual capacity of minors

An employment contract (or other contract regarding paid work) will be enforceable against a minor (ie a person under 18 year old), provided the contract as a whole is for his benefit. If it is not, it will be voidable by the minor. Generally speaking a normal employment contract will be enforceable in the normal way unless it contains unusual, complex or onerous terms or exclusions of employer’s liability which take it beyond what is for the minor’s benefit.

Similarly, although there are certain circumstances

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