Health and Safety Executive warn farmers to go by the book when employing children

Farmers have been warned they may be breaking the law and risking fines of up to £1000 by letting children work on the farm without the proper paperwork.

The reminder has come from the Health and Safety Executive and local government officers during what is the half-term holiday in many areas and also European Health and Safety Week.

Children working on farms need a work permit from the local authority, and under the Children (Protection at Work) Regulations 2000 no child under 13 may legally work on a farm.

Local authorities have a statutory responsibility to regulate the employment of compulsory school-age children, said Jane Stevenson, child employment officer at Cambridgeshire County Council.

While the first sanction may be a warning, Magistrates Courts can impose fines of up to £1000 for each offence.

But many farmers are not aware of the restrictions and councils are often alerted to infringements through third parties who see children working on farms, she said.

“The law is the same for all children of compulsory school age, even if they are family members of the potential employer, regardless of whether the business is a farm or a corner shop. Employment is defined as assistance in any trade or occupation which is carried on for profit, whether or not payment is received for that assistance.”

Children aged between 13 to 16 years may do light work if they:

• Are over 13 years of age
• Have a local authority work permit
• Have suitable clothes and shoes.

Children can work a maximum of 12 hours in any week during term time, a maximum of two hours in one day, and only one hour between 7am and the start of school. They must not work before 7am or after 7pm and may work a maximum of two hours on Sundays.

They must have a rest break of one hour every four hours and two consecutive weeks free from work during the year.

But the restrictions on what hours may be worked can also vary depending on the age of the child. Farmers should check their local county council byelaws for any additional regulations.

Grey area

Bob Fiddaman, NFU employment spokesman, said it was a grey area as many kids regarded helping out as a hobby, rather than work.

“If someone is regularly doing a job, there probably should be a work permit. But where do you draw the line? For example, how many young girls help with mucking out horses in return for a free ride? Should they be required to have a permit?

“Many children go out and help with things like collecting the eggs because that is where their parents happen to be. Is that work?”

Many children enjoy working on the farm – but they need appropriate training and the right paperwork.