Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
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Hiring a 16-year-old can be a great way to bring energy and enthusiasm into your business. Many young people are keen to gain work experience while continuing their education or training. However, employing someone under 18 is not the same as hiring an adult - there are strict rules in place to protect their welfare, education, and safety.
UK law distinguishes between children (those still of compulsory school age) and young workers (aged 16 or 17 who have finished compulsory schooling). Employers need to understand this distinction to stay compliant with child employment and working-time laws.
This guide explains the legal requirements around working hours, rest breaks, pay, and safety for 16-year-olds in the UK, helping employers hire responsibly and lawfully.
The Legal Status of a 16-Year-Old Worker
At 16, a young person may have finished school but is not yet legally an adult worker. In UK law they are a young worker, which means they are aged at least the minimum school-leaving age but under 18.
The school-leaving age is reached on the last Friday in June of the school year in which the young person turns 16. Before that date, they are still legally classed as a “child” for employment purposes.
Employers also need to consider the duty to ensure continued education or training until age 18, under the Education and Skills Act 2008. This means most 16-year-olds will be:
- In full-time education, or
- Doing an apprenticeship or traineeship, or
- Working part-time while studying or training part-time.
Employers must check that any employment fits around these obligations.
Working Hours for 16-Year-Olds
Maximum Weekly Hours
Under the Working Time Regulations 1998, young workers aged 16 or 17 must not work more than:
- 8 hours per day, and
- 40 hours per week.
These limits apply even if they have more than one job. Unlike adults, young workers cannot opt out of the 40-hour weekly maximum.
Daily and Weekly Rest Periods
Young workers are entitled to:
- A 30-minute rest break if they work more than 4.5 hours in a shift.
- At least 12 consecutive hours of rest between working days.
- Two consecutive days off each week.
These rest breaks must be scheduled during working hours, not at the beginning or end of the shift.
Night Work Restrictions
Young workers generally must not work between:
- 10pm and 6am, or
- 11pm and 7am, depending on the nature of the business.
There are limited exceptions, such as in hospitality, hospitals, or agriculture, where late-night work is necessary. However, even in those cases, employers must provide appropriate supervision and ensure compensatory rest periods.
During School Term Time
If the 16-year-old is still in compulsory education (for example, if they turn 16 late in the academic year), the stricter child employment rules apply. These typically mean:
- No more than 12 hours per week during term time.
- No working before 7am or after 7pm.
- No more than 2 hours on a school day or Sunday.
Once the young person finishes compulsory schooling, they move into the “young worker” category and can work up to the 8-hour/40-hour limits.
Types of Work 16-Year-Olds Can Do
Under the Children and Young Persons Act 1933 and the Health and Safety (Young Persons) Regulations 1997, young workers can perform what is known as “light work” - jobs that are safe and suited to their physical and psychological capacity, and that do not interfere with their education.
Examples of suitable work include:
- Retail or café roles
- Office or clerical work
- Hospitality and customer service roles (not serving alcohol)
- Hairdressing, sports coaching, or tutoring
Prohibited Work
Young workers must not be employed in work that:
- Involves handling dangerous machinery or hazardous substances
- Exposes them to harmful radiation, chemicals, or extreme heat or cold
- Requires heavy lifting beyond their physical capacity
- Takes place in licensed premises serving alcohol, unless in supervised areas like a restaurant or kitchen
- Includes work that may adversely affect their attendance at education or training
Risk Assessments
Before employing anyone under 18, employers must carry out a specific risk assessment for young workers. This must consider:
- Their inexperience, maturity, and physical capacity
- Possible exposure to dangerous processes or substances
- The need for training, supervision, and protective equipment
Employers must inform the young worker - and, if the worker is under 18, their parent or guardian - about the assessment findings and the measures in place to ensure their safety.
If significant risks cannot be reduced, the work should not be offered to the young person.
Pay and Employment Rights
Minimum Wage
Under the National Minimum Wage Act 1998, 16- and 17-year-olds are entitled to at least the young workers’ rate.
As of April 2025, the rate is £6.60 per hour. (Note: This figure may be updated annually by the government’s Low Pay Commission.)
Employers must pay at least this rate for every hour worked, including trial periods. Unpaid “work trials” that produce commercial benefit for the employer are unlawful once an employment relationship begins.
Payslips and Record-Keeping
All employees, regardless of age, are entitled to an itemised payslip and accurate payroll records. Employers must record working hours and pay for compliance with HMRC and minimum wage laws.
Holiday Entitlement
Young workers are entitled to the same statutory annual leave as adult workers - 5.6 weeks’ paid holiday per year, which can include public holidays and is pro-rated for part-time roles.
Education and Training Obligations
Because young people must stay in education or training until age 18, an employer hiring a 16-year-old must confirm that the role complies with this duty.
Acceptable arrangements include:
- Full-time work combined with part-time study (at least one day per week);
- An apprenticeship or traineeship; or
- Work as part of an accredited work-based learning programme.
Employing a 16-year-old in full-time work with no training or education element can breach the Education and Skills Act 2008 and may attract enforcement from local authorities.
Health and Safety: Special Duties for Young Workers
Young workers are more vulnerable to accidents due to inexperience and physical immaturity. Employers therefore have enhanced duties under the Health and Safety (Young Persons) Regulations 1997 and the Health and Safety at Work etc. Act 1974.
Employers must:
- Conduct a thorough risk assessment before employment begins;
- Provide suitable induction and supervision;
- Use safe equipment and limit exposure to physical and mental strain;
- Inform parents or guardians about significant risks and safety measures.
Where an accident involves a young worker, regulators may investigate more strictly due to the heightened duty of care owed.
Working Hours Example
Consider Ella, a 16-year-old who works in a café on weekends and during school holidays.
- During term time, she works 5 hours on Saturday and 5 on Sunday - 10 hours total - staying within the 12-hour weekly limit for schoolchildren.
- Once school finishes, she becomes a “young worker” and can work up to 8 hours per day, 40 per week, provided she receives proper breaks and two consecutive days off.
Her employer must ensure she is not working past 10pm, is paid at least £6.60 per hour, and receives a 30-minute break when working over 4.5 hours.
Common Employer Mistakes
- Not confirming school-leaving status.
Hiring a 16-year-old still in school and scheduling full-time hours breaches child employment laws. - Ignoring rest and night-work rules.
Requiring evening shifts past 10pm or not allowing 12 hours between shifts is unlawful. - Skipping risk assessments.
Young-person-specific assessments are mandatory and must be documented. - Treating work experience as unpaid labour.
If a young person performs productive work, they must be paid - even if the job is labelled “work experience”. - Overlooking training or education requirements.
Full-time work with no learning element can breach the Education and Skills Act 2008.
Best Practice for Employing 16-Year-Olds
- Confirm their school-leaving date and education arrangements.
- Design shifts that comply with working-time and rest-break rules.
- Conduct and record a young-person risk assessment.
- Provide full supervision and training, especially for first-time workers.
- Keep accurate records of pay and hours.
- Coordinate with training providers where necessary.
- Review insurance policies to ensure under-18s are covered.
These steps demonstrate due diligence and protect both the business and the young employee.
Penalties for Non-Compliance
Failing to follow the legal requirements for young workers can lead to:
- Enforcement action or fines from local authorities;
- Investigation or prosecution by the Health and Safety Executive;
- Civil penalties for underpayment of wages; and
- Reputational damage and difficulty securing insurance or licences.
Employers found guilty of serious breaches of child employment laws under the Children and Young Persons Act 1933 can face criminal prosecution.
Conclusion
Employing 16-year-olds can be rewarding, providing young people with experience and employers with valuable support. But it requires careful compliance with working-time limits, pay rules, education requirements, and safety obligations.
Young workers have the right to shorter hours, longer rest breaks, fair pay, and a safe, supportive environment. By following these rules, employers help young people gain positive early experiences of work - and protect their own businesses from legal and reputational risk.
How Sprintlaw Can Help
Sprintlaw’s employment lawyers can help your business. Get in touch for practical advice on employing 16-year-olds lawfully and responsibly in the UK. You can reach us at 08081347754 or team@sprintlaw.co.uk for a free, no-obligations chat.
