Gazette Business
Ashfords warns against unlawfully employing children
9:13am Monday 22nd August 2011
Businesses in Devon, Cornwall and Somerset are being warned they could face substantial fines if they employ children unlawfully.
Recent statistics suggest that up to 90% of child workers in Devon are being employed unlawfully because their employers are not obtaining the necessary permits.
Rhiain Lewis, a Partner at Ashfords LLP, said: "There are stringent requirements when employing children of compulsory school age, and these include obtaining a permit from the relevant local authority. Permits are granted to employers on certain terms and conditions, and should be applied for within a week of the child starting work. The local authority will issue the permit if it is satisfied that the employment is lawful, the child's welfare is not damaged and the child is fit to undertake the work.
"The permit requirement applies to all child labour, whether it is paid or not. It also applies to children employed in their family's business."
She added: "As well as risking fines for non-compliance, there are also insurance implications. Nearly 60 children are seriously injured or killed each year in the UK whilst working. The vast majority are working unlawfully, without a permit. There could be serious consequences for children who need compensation from injuries suffered at work, as the employer's insurance policy will not cover unlawful employment."
It is expected that the number of child employees will have increased during the summer holidays. Employers should ensure that they understand their responsibilities when hiring children, and comply with the law.