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Employing children in your home business – a legal snapshot

next generation

10/06/2009 send to a friend

Sons and daughters everywhere will be delighted. Sue McGaughran of online legal advisors, Lime One, writes in to make us aware of the legal situation when it comes to employing children. According to the law, we can’t ask offspring, nieces, nephews or other minors to work until they are at least 14.

According to the law

Many home businesses employ the services of children who are dab-hand at working on the website or helping out with leaflet-drops. Here at Enterprise Nation we think this is a good thing; it means Mum and Dad get some assistance and our children get a subconscious education in running a business. This, however, is the legal view:

Children under 10

No work can be done. The only exception to this rule relates to child actors, models etc. such children need a performance licence and different rules apply. Employers wanting to employ children need a licence from their Local Education Authority and generally employers of the under 14’s only get a licence if the role they are performing can only be done by someone of their age. As you would expect, there are also limits on the times such children can work-this varies according to the individual child’s age.

Children aged 10 to 13

Generally children of this age, with the exception of the child actors etc above, can not work in a business. There are very limited exceptions which apply to limited aspects of work such as farm work and horticultural work which is owned by a parent. Even these exceptions require supervision by the parent.

Children aged 13 to 14

There are limitations to the type of work that can be done but children of this age can do light work, such as assisting in a shop, provided the employer holds a Local Authority permit.

Children aged 15 and just below the school minimum leaving age

Whilst the limitations to the type of work that can be done remain provided the employer holds a Local Authority permit then children can again do light work for that employer.

Local Authority Permit

Each Authority has its own rules so it’s best to check in your own area. It is the employer’s responsibility to apply for the permit. Usually the application form must be signed by the employer, the child’s parent or guardian and, for work during school term by a teacher from the child’s school. The form must be submitted before the child starts work. This is usually at least 7 days before.

Thanks to Sue for that legal stand on employing children. We’re sure though that if you’re comfortably involving the kids in your home business, permits don’t apply!

And, even better, you can use the kids to reduce your tax bill. Read all about that here.
 

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