W20 - Employing family members and voluntary staff

It is common for businesses to employ young family members or volunteers for part-time jobs or during school holidays.

Legislation

The National Minimum Wage (NMW) does not need to be paid to workers who participate in the running of the family business, so long as they are members of their employer's family and share the family home. The law, however, gives your family members the same rights and protections as other young people and children.

You may not, for example, employ young people (voluntary or otherwise):

for most businesses, if they are under 13 years of age, except in certain professions such as modelling and acting
on a building site
in a factory
in a pub
in a betting shop
during school hours or continuously during the year

There are also laws on working hours, work breaks and the type of work for those under school-leaving age and those aged 16 and 17 years.

You must generally pay young people over 18 years of age the NMW. From 1 October 2004, there is a development rate for workers aged 18-21 inclusive, of £4.10 per hour, and a rate of £4.85 an hour for those aged over 22. In addition, there is a £3 per hour rate for 16-17 year old workers who are above the age of compulsory schooling. You must also give employees aged 16 and 17, who did not reach a certain standard of education or training, the right to reasonable time off with pay to study or train for a qualification that will help them reach that standard.

There may also be additional bylaws that apply to your business, such as the number of hours in each day or each week, and the times of day that children can be employed. Your local authority will be able to advise you on these.

Best practice

There are no specific restrictions on volunteering by children in not-for-profit organisations, but it is advisable to follow the rules above for profit-making organisations.

Ensure that your employer's liability and public liability insurance policies cover young people and volunteers under the age of 16.

Workers under 16: the rules

Workers aged 16 and 17: the rules

Young workers over 18: the rules

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This web-site was last updated on 17/01/2012

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