Child Performance Laws

[Junior8]

No it's not mis-designed regulation but an acknowledgment that six weeks holiday after the end of the summer term date leaves things a tad ambiguous so the easiest way is to count everybody not sixteen until after that date but before 1st September as sixteen, otherwise they couldn't start work. There used to be a similar rule for Easter leavers as well.

[Andrew Edwards]

Roger has a point.

 

Can a person born on 31st August get a proper job on 1st of July (being still 15)?

 

My understanding was no. You are not classed as a young worker until you are 16 AND no longer at school. A person who is 16 on 1st September does not become a young worker until the last friday of June the following year. Until that time they have the same restrictions as 14 year olds but can work slightly longer on saturdays and can work during holidays. The other way round strikes me as slightly unfair as a technical school leaver has to wait up to 2 months to get a job, if they turn 16 after they have finished school.

 

I know this is slightly different as this is paid employment but surely the rules should be the same for the licences too. This would appear to support Tony, if it is 16 AND left school. It logically can't be 16 OR left school that's for sure.

Or, is this another example of regulatory inconsistency?

 

That said if an LA makes a decision that a licence is unnecessary for John's example then that is up to them. With power comes responsibility. It is up to them which definition of child they choose to use.

 

The laws are there to prevent exploitation but that is only the case if you don't want to do it. Employment law for employees for the most part is a set of entitlements not immutable edicts. You can't be made to work shifts less than 11 hours apart but you can if you want to. It is unfortunate that we cannot rely on parents to decide. Just because a handful of Mr. Immorals still prepared to send their kids down the metaphorical mine, many Mrs. Sensibles cannot send their children off to do something they enjoy without jumping through hoops. I would wager that the law does nothing to deter it anyway. How many local small businesses have their kids working there?

 

...

I know that the weeks during the summer can be a NI dead zone. I worked full time for a number of years then decided to go back to college. I worked part time for the first year of my HND. I quit my job at the end of July before I started back for my second year to concentrate on the course. I then got a letter from the IR saying I had a 3 week hole in my NI, between leaving work and recommencing full time education (for which you are exempt). Even in the middle of a course you are not in education during the summer holidays it would appear.

[Ynot]

Well, I'm going to take a nibble at a piece of humble pie - to an extent.

 

Having corresponded with our WCC CPS dept head, I've had confirmation that John is in fact correct in his statement that a child who finished their yr 11 education before their 16th birthday, does NOT need to be licenced to perform. I am quite simply surprised at this for one main reason.

 

My view of a reasonable situation is such that children remain children until their 16th birthday minimum. The rules that state that they remain a child even after their 16th birthday whilst they're still in education are in my mind quite logical and indeed sensible.

But the situation that allows an under 16 to be treated NOT as a child in this way, with all the protection that demands - ie in the example John cites - does seem rather contrary.

 

So....

Hmmm....

[Junior8]

Well, I'm going to take a nibble at a piece of humble pie - to an extent.

Having corresponded with our WCC CPS dept head, I've had confirmation that John is in fact correct in his statement that a child who finished their yr 11 education before their 16th birthday, does NOT need to be licenced to perform. I am quite simply surprised at this for one main reason.

 

Yes but remember that when the 1968 regs were formulated the school leaving age was 15 anyway! I agree though it does seem a tad illogical especially now that most kids don't leave full time education at 16 anyway but looking at it from the other point of view it only applies to a very few kids who are probably on holiday when they are 'working' as performers.

[kerry davies]

Hang on folks, can someone explain what the difference between a specific birthdate related age and the Stautory School Leaving Age (in September) which I had thought to be the phrase used in legislation?

Also what is going to happen when the automatic introduction of an SSLA of 18 is introduced which I thought was on the cards?

 

I am getting too confused to work it all out and anyone with more specialist knowledge would be doing me a favour in explaining things.

[Junior8]

Yes. You can leave school at the end of the school year in which you are sixteen. That is the SSLA. It could be however that you actually reach your sixteenth on the 2nd September in that school year - but you still have to stay on until the SSLA when you will be nearly 17!

[Ynot]

Yes. You can leave school at the end of the school year in which you are sixteen. That is the SSLA. It could be however that you actually reach your sixteenth on the 2nd September in that school year - but you still have to stay on until the SSLA when you will be nearly 17!

Which is pretty much the situation BOTH my daughters are in. My eldest was born on 19th Sept and finsihed her compulsory education last June, and my youngest (3 yrs behind) on Sept 30th.