Child and Young Workers January 2016 - Our Tesco


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Child and Young Workers January 2016

Internal, Children and Young Workers, Version1, Page 1 of 6 January 2016

Where to find things. Introduction .............................................................................................................................................................. 3 Who’s this policy for? ....................................................................................................................................... 3 What is the difference between a child and a young worker? ........................................................................ 3 3.

What are the working restrictions for children? ............................................................................................. 3 What are the working restrictions for young workers? ................................................................................. 4 What is safeguarding? ...................................................................................................................................... 5 What is a safeguarding issue and what are my responsibilities? ................................................................... 5

Policy info. ................................................................................................................................................................ 6 Ownership and confidentiality ................................................................................................................................ 6

Internal, Children and Young Workers, Version1, Page 2 of 6 January 2016

Introduction We employ lots of colleagues under the age of 18 in our business and it’s important that everyone understands that this group of people have greater legal protection and need particular care in the workplace. This means that there are restrictions on the hours our young people may work, and there are also safeguarding responsibilities that we all share to promote the welfare of young people and to protect them from harm.

16th birthday falls in March, April, May, June, July, August, September

Example 1 Born on 1 March 2000 = 16 years and 3 months old when reaching school leaving age on 31 May 2016 Example 2 Born on 30 September 2000 = 15 years and 8 months old when reaching school leaving age on 31 May 2016

Who’s this policy for? This policy is applicable to you if you work within Tesco stores, distribution centres, customer fulfilment, or the office, and you are either under 18 years of age, or working alongside someone who is under 18 years of age.

16th birthday falls in October, November, December, January, February

This policy explains the legal working hours’ restrictions for child and young workers, and the process for dealing with any safeguarding issues that arise for the young person either inside or outside Tesco.

The definition of a ‘child worker’ differs depending on which part of the UK you live in, and relates to whether the person has reached school leaving age: 





England & Wales: someone is a child worker until the last Friday in June in the last year of compulsory education (year 11). Northern Ireland: someone is a child worker until the 30th June in the last year of compulsory education (year 11) as long as they have reached their 16th birthday. If they turn 16 on or after 1st July of year 11, they remain a child worker until the following 30th June. Scotland: There are two key dates on which a child can reach school leaving age. If someone turns 16 on or after 1st March and up to 30th September in the last year of compulsory education, they are a child until the last day of May in that year. If they turn 16 on or after 1st October of that year and up to the last day of February the following year, they are a child worker until the first day of the Christmas school holiday period or 21st December (if not attending school).

The following examples will help you determine when a child can leave school:

A child born on 1 October 2000 will be 16 years and 2.5 months old when reaching school leaving age at the beginning of the School’s Christmas holidays Example 2 A child born on 28 February 2001 will be 15 years and 9.5 months old when reaching school leaving age at the beginning of the school’s Christmas holidays

What is the difference between a child and a young worker? Children

Example 1

NB: The Scottish school intake is different to England and Wales: children are placed in a year according to their birthdays from 1st March to 28/29th February. Young Worker A young worker is someone above school leaving age but below the age of 18. Since the school leaving date differs across the UK, and because it is a specific date and not related directly to an individual’s birthday, someone can stop being a child worker and become a young worker even though they are still 15 years of age. Similarly, someone may have had their 16th birthday but will remain a child until they have reached the relevant school leaving date.

3.

What are the working restrictions for children?

We choose not to employ anyone under the age of 15. Although it is not illegal, there are complex regulations and restrictions regarding a child’s working hours. Moreover we believe as a responsible employer that children younger than 15 should be focused on their studies and working could impact them at a crucial time in their development.

Internal, Children and Young Workers, Version1, Page 3 of 6 January 2016

Work Permit A child may not work at all without a work permit from their Local Authority which will outline what hours they may work. There are national regulations but a Local Authority may have more restrictive by-laws which further restrict the hours a child may work. Tesco must obtain this work permit before a child starts work and it must be kept on their personnel file. The work permit has a section for the parent or guardian to sign to give their consent for the child to be employed, and in Scotland the school must also give their consent. In some cases the Local Authority may require a medical certificate from the child’s GP to confirm that the child is fit and healthy and the work will not prejudice their health and development. Guidelines on how to apply for a work permit are contained in the Manager’s Guide to Employing Young People. Letter to parent/guardian We are legally required to write to the child’s parent or guardian before the child starts work, to outline the health and safety risks which are present in a store environment. Areas children and young workers may not be employed Children and young workers must not:       

unload vehicles or work on the backdoor; use dangerous machinery such as the dough mixer; work unsupervised in the bakery or on a counter; handle fuel or oil; be employed outdoors or in the freezers/chillers unless suitably clothed and protected; handle fireworks; do any work which is beyond their physical capability.

In addition to these specific areas Tesco chooses not to employ a child in the following areas:          

checkouts; petrol filling stations; counters; bakery; customer service desk; colleague restaurant; pharmacy; customer fulfilment; distribution centres; head office.

Working Hours Restrictions: Child TERM TIME No employment:  before 7am or after 7pm on any day  for more than two hours on any school day  for more than two hours on a Sunday  for more than eight hours on a Saturday (seven in Northern Ireland)  for more than four hours without a break of one hour  for more than 12 hours per week  during school hours  for more than one hour before school starts, and it must finish at least half an hour before school starts.

SCHOOL HOLIDAYS No employment:  before 7am or after 7pm on any day  for more than two hours on a Sunday  for more than eight hours on any day (seven in Northern Ireland)  for more than four hours without a break of one hour  for more than 35 hours per week (37 in Northern Ireland)  free from work for at least two consecutive weeks during the Summer school holiday. Documentary evidence of the child’s school termtime dates must be held on the child’s personnel file.

What are the working restrictions for young workers? Young workers may not work:  more than 40 hours in any week;  longer than eight paid hours per day;  after 11pm at night and before 6am in the morning;  before 7am in the morning on any day if they are contracted to work between 10pm and 11pm at night;  overtime between 10 and 11pm at night. They must have the following breaks from work:   

at least two days rest per week although they do not have to be consecutive; at least 12 hours daily rest between each working day; at least a 30 minute break after every four and a half hours of work.

A young worker may sell petrol and pharmaceutical products without supervision but needs authorisation to sell alcohol or tobacco. Because of this they should not be employed on a combined customer service desk. Internal, Children and Young Workers, Version1, Page 4 of 6 January 2016

A young worker cannot be a customer delivery assistant as there is a requirement to hold a driving license for at least two years.

What is safeguarding? Safeguarding is the action we take to promote the welfare of children and protect them from harm. Every adult in Tesco has a responsibility towards safeguarding our young people and to take action where appropriate to protect them from bad treatment.

What is a safeguarding issue and what are my responsibilities? Any issue that threatens the welfare of children and young workers that could cause them harm is potentially a safeguarding issue. If the young person is physically abused by anyone, whether they are a customer, colleague or supplier, we have a duty to report the matter to the police as it could constitute a criminal act. Disclosure If a young person discloses that they have been suffering:     

physical, sexual, or mental abuse; drug or alcohol addiction; mental health conditions such as depression, eating disorders, self-harm or suicidal thoughts; forced marriage, female genital mutilation, honour based crimes; attempts to radicalise them

whether in or outside the workplace, you must take action by reporting it to your line manager. If you are a young person who is coping with one of these issues please talk in confidence to your Manager or People Manager: we want to help you get the support you need.

In the workplace All young people are vulnerable in the workplace: in most cases working at Tesco will be their first experience of working, and issues that seem straightforward to other colleagues could cause stress and anxiety for a young worker. This means that special consideration should always be given to their age whenever a circumstance arises that it is out of the ordinary. For example, in disciplinary situations a child should always be offered a parent to accompany them. Another example is where a confrontation has occurred with another colleague or customer: this may have a bigger psychological impact on a young person. Adults working with young people should be aware of the following issues: Touch: There may be occasions where you need to touch the young person (for example if you are guiding them in carrying out a technical operation), but you should ensure that you keep this to a minimum and touch only when necessary. Behaviour: While it is important to reassure a young person who may be nervous in a new job and reliant on your guidance, it is important not to be over-familiar. Never engage in ‘horseplay’ (mock wrestling, physical fooling around or rough play) as this could cause embarrassment or fear. Likewise adults should be mindful of ‘banter’: whilst teasing remarks are intended to be playful and friendly, this may not be taken as such by a young person who has less life experience. Environment: Where possible adults should try not to be on their own in an isolated or closed environment with a young person. Whilst this is impossible to manage practically in every situation (for example, whilst working in a chiller, or during reviews, welcome back meetings etc.) it is something that should be borne in mind by adults.

Your manager will escalate the issue within Tesco and together we will find a way to make things better for you.

Internal, Children and Young Workers, Version1, Page 5 of 6 January 2016

Related Reading:   

Managers Guide to Employing Young People Child Safety Letter Child and Young Worker Tracker

Policy info. Version No. 1

Date of change

Summary of change

th

18 January 2016

New policy

Policy owner: [email protected] Ownership and confidentiality This document shouldn’t be shared with anyone externally without permission from your Director. This policy and any associated documentation remains the property of Tesco and should be returned if requested.

Internal, Children and Young Workers, Version1, Page 6 of 6 January 2016