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UK By-laws May Conflict With European Child Labour Legislation

UK local by-laws relating to children working outside of school hours may contravene European legislation on child labour, it has emerged. According to a report from the European Committee on Social Rights or ECSR, some children in the UK are being allowed to work “excessive” numbers of hours.

UK-wide legislation is in line with EU law on the subject. It allows children to work during term time for a maximum of twelve hours in one week. They may work no more than two hours on a school day or a Sunday, and they cannot start any earlier than 7am nor finish later than 7pm.

However, local by-laws can mean that the rules are effectively different in certain parts of the country, and in some areas the rules are somewhat looser. In a number of areas, children from the age of 13 can work as long as the labour they are engaged in is only “light.” Carrying out a paper round before school – which can commonly begin as early as 6am – is one of the most prominent types of job which falls into this “light work” category and is often given to children.

However, while the ECSR’s report does not dispute that this qualifies as light work, it also finds that it “ceases to be [light] if it is performed for an excessive duration.” Under some local laws, children are being allowed to carry out such work for hours which are indeed, under European law, excessive.

The rules on child labour form part of the European Social Charter – a legally binding document to which all subscribed nations are required to adhere. The ECSR – which is not part of the European Union but rather the Council of Europe – is tasked with monitoring how the charter is applied by each individual country. In the case of children working in some parts of the UK, the ECSR finds, the charter is not being applied correctly at all.

The report says, for instance, that “allowing children aged 15 years, still subject to compulsory education, to deliver newspapers from 6am for up to two hours per day, five days per week before school is not in conformity with the charter.”

It is not just work before school that the ECSR was concerned about, but also work carried out in school holidays. Outside of term time, UK law allows children aged 13-14 years to work up to five hours a day Monday-Saturday and two hours on Sunday up to a maximum of 25 hours per week· 15-16-year-olds may work up to eight hours Monday-Friday and two hours on Sunday, up to a maximum of 35 hours per week.

The ECSR was concerned this, too, could be considered excessive, and said that excessive working hours for children can put “their health, moral welfare or education” at risk. In their report, they suggested that UK children be given one fortnight-long break from all work during school holidays per calendar year.

UK Had Violated Several Rights of a Disabled Woman

The European Court of Human Rights had found the UK to have violated a disabled woman’s rights and had fined the country £3700 in costs and expenses. The woman was given 14 days to challenge her detention in an English hospital, but she lacked the mental capacity to proceed with her complaint.

The case happened in 2003 and the applicant, who was a British National, was detained for 28 days in an English hospital for assessment. MH, her initials, was given an order for discharge by her mother. However, the hospital detained MH because they said they feared the welfare of the mother and daughter should they release the woman.

The Rights of the Disabled

Anybody with incapacity, both physical and mental, could have their “nearest relative”, which includes their guardian or not-blood related companion, special status to act for them on their behalf under the Mental Health Act of 1983. However, the UK hospital had refused to grant this right to the mother.

MH was discharged six months after she was detained and her case was never reviewed. Her representative complained that under article 5 of the European Convention on Human Rights concerning the right to liberty, the lawfulness of her right to challenge her detention was violated.

She complained about the displacement of a ‘nearest relative’ to be granted special status and the indefinite detention she had in the hospital was unjustifiable.

Advice

According to experts, the problem was obvious because with no one to enact action for herself, even her own mother stripped of the right, a human rights law was violated, regardless of due process.

Experts said that the English hospital was probably working under strict code of ethics, but bordered on the lines of legal rights. The law could not decide for an individual not unless a declared relative could represent them. The same is true for all litigation cases concerning injuries with the person temporarily disabled to represent him or herself.

A disadvantage was to be given equal footing to ensure that all human rights are properly observed, said a legal representative. In this case, the English hospital failed to consider the ability of the guardian or “nearest relative” to care for the disabled.

Is claiming PPI compensation your legal right?

Have you been tricked by the banks to take out a Payment Protection Insurance policy? Is the PPI policy on your name ineffective and of no use to you? Were you aware of the mis-selling of PPI to you? What can you do now?

Do you want compensation from the bank that has mis-sold PPI to you, even possibly without your knowledge of it being added on to the cost of your loan or credit card borrowing? You can do something about it and claim for a compensation amount from the bank.

Many people are unaware that claiming for PPI compensation is their legal right. You have the complete right to claim for the compensation from the bank or any other financial company that tricked you and mis-sold the PPI policy as in the UK we are protected as consumers by the law from mis-selling and mis-representation by all service and goods providers.

You have the complete right to investigate your own case and proceed with the matter. If the bank is not responding to your case, you can get help from the Financial Ombudsman Service (FOS).  You can also contact a PPI claim service provider such as MisSoldPPIClaimsCo who will help you to get back your money and deal with the whole the matter on your behalf. These service providers consist of some of the best law professional experts.

Furthermore with judicial review of the PPI policy there is no reason to delay your compensation. The High Court has ruled out the plea of British Bankers’ Association (BBA) and spelled out that the guidelines of FSA (Financial Service Authority) and FOS (Financial Ombudsman Service) as correct.

According to the guidelines laid by the FSA and FOS and the orders set out by the High Court the banks have to consider paying compensation for all the old mis-sold PPI policies to the customers without any delay. Therefore, if you have been fooled by the banks and mis-sold to with PPI you have every reason to smile now.