Protecting Young & Vulnerable Workers In The Workplace

Allegations have recently emerged about Oxfam staff working both in the UK and abroad. The charity’s former Head of Safeguarding has disclosed that she was alerted to a number of allegations of child abuse in stores and urged bosses to take action. Oxfam has admitted there are thousands of volunteers working in stores that have not undergone criminal records checks who could be working with children as young as 14.

The current allegations against Oxfam are a reminder to all employers that they have a duty to take reasonable care of the health and safety of those that work for them and provide a safe workplace. Where young or vulnerable workers are involved there is likely to be a higher standard expected of employers. Those that fail to put adequate protections in place risk not just claims from individual workers but sanctions by the Health and Safety Executive.

With this in mind, we have set out some points for employers to consider where they have young and/or vulnerable workers in the workplace.

Consider whether it is appropriate to carry out DBS checks

The Disclosure and Barring Service provides employers, and those that use volunteers, with information to assist them in assessing the suitability for work for those in certain positions of trust, including work with children and vulnerable adults. These are commonly known as “DBS checks” and will provide details of a person’s criminal record.

Oxfam has been criticised for not having carried out these types of checks on volunteers working with young people in their stores.

Provide training for anyone supervising young and/or vulnerable workers

This could include ensuring supervisors are confident in communicating with all those workers they are responsible for and maintaining appropriate boundaries between colleagues. Those with responsibility for rotas should consider whether it is appropriate for certain members of staff to be working alone or early in the morning or late at night.

Make sure policies are in place and up to date

If there is an issue in the workplace, it is important that staff know how to raise their concerns and do not feel afraid to do so. Having clear whistle-blowing and grievance policies in place and making them accessible to staff will help flag up potential problems at an early stage so that action can be taken.

Where providing work experience placements, take note of any guidance given by the education provider

Where an employer does not usually have young people in the workplace, guidance given to them by schools and colleges may recommend some useful safeguards to implement.

Be aware of legislation relating to employing young workers

There are a number of additional protections afforded to young workers in employment legislation. In particular, the Working Time Regulations 1998 provide more stringent rules on rest breaks and working time for those under the age of 18.

How Nelsons Can Help

For more employer legal advice or to comment on this article please contact one of our employment law specialists, on 0800 024 1976 or contact us via our online form.

 

 

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