School-leaving age

In order to work out whether someone is considered a young worker, it’s helpful to get to grips with what the school-leaving age means in the UK. According to the UK government website, the school-leaving age varies depending on where the young person lives. 

In England, a young person can leave school on the last Friday in June if they will be 16 by the end of the summer holidays. They are then eligible to work for up to 20 hours or more a week while they are in part-time education or training, until they turn 18. However, in Scotland, Wales and Northern Ireland, young people do not have to stay in education once they reach school-leaving age.

In Scotland, a young person can leave school on 31 May if they turn 16 between 1 March and 30 September of that same year. In Wales, they can leave school on the last Friday of June as long as they will be 16 by the end of that year’s summer holidays. Finally, in Northern Ireland, if a young person turns 16 between 1 September and 1 July, they can leave school after 30 June.

In Scotland, Wales and Northern Ireland, once a young person has reached school-leaving age, they are able to start work full-time. Before this, the kind of work a young person is able to do is more restricted. Workers under school-leaving age can only work part-time, and as long as it fits in around their compulsory education. 

What rights do young workers have?

Young workers have some rights that workers over 18 do not have. Alongside this, they are protected by many of the same rules as workers over 18. This includes health and safety protections and the rights outlined in the Equality Act 2010, which include freedom from discrimination on grounds of race, gender, sexual orientation, disability and age. 

Like other workers, young workers typically receive written terms and conditions of their employment. They are also entitled to unpaid leave for any emergencies relating to family. According to UK guidance, young workers may be entitled to redundancy pay in certain circumstances 

According to UK legislation, young workers have the right to join a trade union, and may not be dismissed on grounds of them claiming their rights. UK government guidance states that young workers are generally not permitted to: 

• work more than eight hours per day;
• work more than 40 hours a week.

In addition, UK law says that young workers are not allowed to operate heavy machinery, such as a forklift truck, unless being trained with the correct supervision from a member of staff qualified to do so. 

There are also rules that outline how much rest a young worker should receive, as made clear by the UK government. These are:

• If their working day is longer than four and a half hours, they require a 30-minute break;
• They must have 12 hours’ rest between one working day and another;
• They must have at least two days’ worth of rest each week, which should be taken consecutively, unless the employer can provide a sufficient reason not to. 

There are some circumstances where young workers are allowed to work over 40 hours a week. This could be when there is no employee over 18 who is available to take that work on instead, for example. 

Some employers choose to keep records of how long their young workers are working, in order to ensure that they are not working over the allowed 40 hours a week. This record can also show whether they have completed any work outside restricted hours, any night work and show any health assessments that they were offered before they started working.

Many organisations keep these records for at least two years. This can help employers demonstrate that they are following current UK guidance if needed. 

Young worker wage entitlement in the UK

Young workers’ wage entitlements vary depending on their age and whether their work is part of an apprenticeship. As of April 2022, a young worker doing an apprenticeship is entitled to a minimum of £4.81 per hour if they are under 19. Young workers completing non-apprenticeship work are also paid a minimum of £4.81 an hour if they are between the ages of 16 to 17. If earnings reach relevant thresholds, organisations typically process tax and NI through their usual payroll systems.

Employing a family member as a young worker

Some business owners might want to employ a young family member. In this situation, review current official guidance and align your approach with your organisation’s policy. Consider:

• applying consistent pay, promotion and working‑conditions practices;
• following your organisation’s working‑time approach for young workers in line with current guidance;
• confirming appropriate employer liability insurance arrangements;
• using your normal payroll process to handle any tax and NI that may apply;
• checking whether pension arrangements are relevant for the role and age, based on current guidance.

How to conduct a risk assessment for young workers

While it is essential that businesses conduct risk assessments in order to comply with UK government health and safety regulations, it is important to also assess the specific risks posed to young workers in your workplace. If you are exploring roles for a child under school‑leaving age, confirm any local requirements (for example, permits via the local education welfare service or council education department) using current official guidance and follow your organisation’s process.

Some young workers may not be aware of their limitations at their age. This means that having a supervisor who is diplomatic about their current lack of experience or physical ability can be helpful. 

Some organisations simplify roles so that young workers avoid tasks involving machinery. Age restrictions on operating equipment and machinery vary in the UK, and organisations often refer to this when planning tasks for young workers.

According to the Lifting Operations and Lifting Equipment Regulations 1998, young people aged under 18 cannot use high-risk lifting machinery like forklift trucks unless fully trained. Some types of risks that employers may want to consider in a risk assessment include:

• whether the role requires physical labour such as operating machinery or lifting heavy goods;
• whether the role involves handling toxic or hazardous substances;
• noise levels;
• fire risks.

What to do when recruiting a worker who is under school-leaving age

In many parts of the UK, hiring a child under school-leaving age involves local processes such as permits issued by education welfare services or council education departments, according to official guidance. For more detailed, up-to-date information on hiring children under school-leaving age, the UK government website offers further guidance. 

UK legislation sets out the same protected characteristics for young workers as for adults, including protection against age-related discrimination.