Employing children in Jersey – Qs and As

Employing children in Jersey – Qs and As

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Thank you to everyone who sent in questions for our online clinic on employing children.

Here is a summary of the questions and answers:

Should a company conduct an interview for a child in the exact same way it would for an adult?

The interview should be reflective & appropriate for the role, therefore each case should be looked at individually and consideration should be given to age and language use, as you would for any candidate.

Can charities set an age limit on young volunteers and remain within the law? If not, should we CRB check all adult volunteers working with them?

Charities may not discriminate against volunteers on the grounds of age. No, not all adults who work with children need to be CRB checked – whether paid or voluntary.

What effects will changes to Discrimination Law this year have on catering in Jersey?

Catering is not exempt from the discrim law and, like other Jsy businesses, may not discriminate on the grounds of age.

How should a company make their working practices inclusive for under 16s?

This is a wide question and depends on the business and its working practices. It would need to be examined case by case.

What would happen if a company did turn away a child because they were too young?

If the child is over 13, they could put in a claim for age discrimination.

If a company employs a child at 14 what rights do they have?

It’s complex, but they have rights under the Discrimination Law, Employment Law and Children’s Law.

What about employing a child in a family business? More to the point, having your own children work for your business (summer work for example), should you conduct interviews and create contracts in the same way as for other employees?

The employment law does not apply to the employment of a person in the employer’s family business where the employee is a member of the employer’s family.

We have never agreed to employ a youngster under 16 for Saturday work, is that still okay?

No, this would still be discriminatory – unless you have a justifiable reason.

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