Employing Under 18s

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For young people, the opportunity to work in pubs and restaurants provides many benefits. It is an introduction into the world of employment, from giving them the chance to learn life skills for the future to potentially being the start of a long career in hospitality. The well-earned wage can also give a sense of independence and help them understand budgeting. Likewise, by employing young people, licensees benefit from having extra support at potentially peak times, as well as having the prospect of nurturing the talent of a future full-time employee and valued member of the team. Unfortunately, for some business owners, the fear of falling foul of the law means they shy away from employing young people, leading them to miss out on a valuable area of recruitment. Confusion around what the difference between a child and a young person is can also hinder business owners. A child is someone below the minimum school leaving age, this being the last Friday in June in the year they would normally take GCSEs. A young person is someone aged 16 or 17 who is above the minimum school leaving age. There are different requirements for employing children and young persons. This simple checklist will steer you through these requirements and help you ensure a positive experience for your business, guests and, of course, your new employee.

Checklist

  • Hours needed. Consider the hours that you need young people to work. These hours are limited during the week but are longer at weekends and during school holidays.
  • Job to be done. What tasks would you like them to do? Dependent on their age, there are limitations on tasks that they can do. For example, 16- and 17-year-olds can serve alcohol, as long as the sale has been approved by a responsible person.
  • Local byelaws. Are there any further restrictions through local byelaws? Contact the Education Department at your Local Authority to understand if the council operate a Work Permit scheme for those under school leaving age. These schemes will typically restrict children from working in commercial kitchens. Also check any local restrictions on serving alcohol, as some councils may prevent under 18’s selling alcohol that is not in a sealed container.
  • Risk assessment. Understand the hazards and controls arising from the tasks young people will be completing. It is likely that you have risk assessments already for these tasks, but these should be reviewed to ensure they consider the specific risks associated with young persons and children, namely:
    •  Lack of experience. This means that they will require extra training and supervision, both during induction and ongoing.
    • Being unaware of risks. They may be unaware of obvious risks, as they are unfamiliar with practices or equipment. Again, extra training and supervision should be undertaken to ensure they fully understand the risk. The risk assessment may find that there are some tasks that are not suitable for them to complete, because of the complexity of equipment or skills required. These tasks should be documented and clearly communicated to the child / young person and other team members.
    • Lack of maturity. This may lead to horseplay or dangerous behaviour. Clearly explain the behaviours expected within the workplace, also how they can raise any concerns they have about safety or other aspects of the job.
    • Physical strength required to complete the task safely. Check that the child / young person is capable of safely lifting the objects required and they follow instructions how to do safely.
  • Apply for work permit. If your local council do operate a Work Permit scheme, apply for one before the child starts work. Failure to obtain a work permit is an offence and can lead to fines of up to £1,000.
  • Communicate with the parent or guardian. Ensure the parent or guardian understand the tasks that will be completed, as well as the hazards and controls associated with those tasks. It is common practice for businesses to document a separate risk assessment for children and young persons and use this to communicate with the parents or guardians. You can use the template provided here.
  • Ongoing supervision and review of risk assessment. Children and young persons will require additional supervision to ensure their work practices are safe and they have followed the training and instructions. It is also a good opportunity to see how they are progressing in the workplace and review the tasks they complete. As they become more experienced and mature, it is quite possible that the work they complete becomes more complex and they can support the business further. Ensure that the risk assessments capture all tasks they complete and communicate to parents / guardians any changes made. Also monitor the hours worked to ensure they are within the limits imposed.

Work experience and apprenticeships

Work experience is a great way for students to understand the workplace and see if a career in hospitality is for them. You will still need to complete a risk assessment for a child completing work experience but will not require a Work Permit from the Local Authority. For those employees on a recognised apprenticeship scheme, they can undertake some tasks that may have been identified as high risk for other young persons, for example operating a deep fat fryer or using a meat slicer. Apprentices can undertake these tasks as part of their training and ensuring they are suitably trained and supervised by a competent person.

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