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legal focus – The ABC of Employing Children

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legal focus – The ABC of Employing Children

On 1 October this year the Children (Regulation of Employment) (Jersey) Order 2011 comes into force and provides the rules that will govern the way in which children (under 16) are employed. Let?s look at the ABC of the Regulations – exercise books at the ready; there will be a short test at the end?

A is for Age
No child under 13 can be employed unless a licence has been granted by the Minister for Health and Social Services. This licence also provides for children taking part in film, stage, tv or radio productions.

B is for Breaks
Special consideration has to be given for regular breaks: if a child works for more than 4.5 hours in a day they must have a break of at least 30 minutes. In any one year they must have a work-free period of at least two consecutive weeks.

C is for Clocking In and Clocking Off
A child can only work between 6 am and 8.15 pm, and not during school hours, and must have at least one day off a week. A licence can be granted to allow children to take part in theatrical productions that go on later than 8.15 pm.

During term time a child can not work more than 2 hours a day. While on holiday a child under 15 cannot work for more than 7 hours a day or 25 hours in a week. A child over 15 gets an extra 1 hour a day (a total of 8) and 10 hours a week (a total of 35) to work.

D is for Danger
It goes without saying that children can not be employed in any work which is likely to be harmful to the child?s safety, health or development. There is a long list of work types that are specifically prohibited such as places of adult entertainment, dealing with alcohol and tobacco, working in arcades (sorry kids) and door-to-door sales.

E is for Exemptions
The States of Jersey have recognised that there are some occasions where children can be employed either under age (such as in the performing arts) or where they are taking part in employment approved under the Education (Jersey) Law 1999 such as Project Trident, which gives work experience to children just about to leave school.

Overall the Regulations strike a balance between allowing children who want to earn extra pocket money to do so and making sure that their health, education and development are protected.

So, just to see if you have been paying attention, here are three simple questions.

1) What is the age below which children can not be employed
(without special permission)?

2) What are the hours between which children can be employed
(without special permission)?

3) How many days must a child have off in any one week?

Grading
Three correct – you are a swot – go to the top of the class.
Two correct – not quite teacher?s pet – pay more attention.
One correct – must try harder.
None correct – oh dear, there?ll be a letter to your parents!

Answers
13, 6am and 8.15pm, 1

 

Matrimonial matters – No More Rummaging in Bins!

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Matrimonial matters – No More Rummaging in Bins!

Family lawyers are familiar with their client turning up at the office with financial documents they have discovered. Sometimes these documents have been found whilst rummaging in rubbish bins or more frequently nowadays, by downloading information from their partner?s e-mail, internet banking or Facebook accounts. This information may be important, but may also heighten the tensions in a matrimonial case, particularly if the other partner feels that his or her privacy has been invaded.

But can information obtained by the ?self help? route be used in the divorce court?

Back in 1990 in a case called Hildebrand v Hildebrand, set the precedent for ?self help?. The rule appeared to be that spouses could use documents belonging to the other spouse; whether they were confidential or not, provided that no criminal act was undertaken. What became known as the Hildebrand rules became accepted by family judges both in the UK and in Jersey.

A judgment by the English Court of Appeal last year changed all of this in a case called Imerman. It has now been held by the court that helping yourself to documents belonging to your partner and using them in the divorce proceedings is not permissible. In this case the wife was banned from using information taken by her brothers from her husband?s computer without his permission. This judgment has effectively ended any detective work by estranged partners for evidence of hidden assets and has been branded a ?cheat?s charter? by many family lawyers.

?Cheat?s charter? and family law in Jersey.
The decision in Imerman has not yet been tested in Jersey, but it is probable that the Royal Court would follow its logic. Given this, family lawyers will need to think long and hard about documents given to them by their clients. Each case will be different and not all documents found in the home will automatically breach confidentiality, for instance bank statements that one spouse leaves lying around in the kitchen will be treated differently to documents kept in the other spouse?s locked study.

The overriding lesson that comes from the Imerman decision is that the divorcing spouse and their lawyers now need to be very careful about how confidential information belonging to the other spouse is used. In particular, a red light should come on where it appears that such information is being taken from computer records that are confidential. There is also a risk that both the client and the lawyer could breach the Data Protection Law as well as breaching confidentiality.

Family lawyers are concerned about the implications of the Imerman decision. Many regard it as a throwback to the Victorian age but for now a divorcing spouse needs to be aware of the risks if they dive into the bins, open their partner?s mail, e-mail or search their social media accounts.

a little advice – ?Double Mummies and Double Daddies?- A Very Civil Partnership

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a little advice – ?Double Mummies and Double Daddies?- A Very Civil Partnership

Legislation recognising the existence and legal rights of same sex relationships has been in place since 2004 in the UK, and in some areas, such family partnerships are known as ?double mummies and double daddies?.  Here in Jersey we are now catching up with the UK, with the adoption by the States of Jersey on 12 July 2011, of the Civil Partnership (Jersey) Law.

The law provides for the formation of a civil partnership in Jersey and for the registration and recognition of a civil partnership created ?overseas? subject to certain requirements being met.  The law will provide for a new legal relationship, which will as far as possible, extend most of the rights and benefits available to married couples, to those in same sex relationships.

Those wishing to enter into a civil partnership, will be required to meet certain criteria, much in keeping with those imposed on couples looking to enter into marriage.  The Superintendent Registrar will attend to the licensing and registration of civil partnerships, whilst the venue for the partnership ceremony has to be approved by the Constable of the relevant parish on a case by case basis.  A civil partnership comes to an end upon the death of one of the parties, annulment, or dissolution of the partnership, with the basis for dissolution including unreasonable behaviour and separation.  The Royal Court will be able to entertain applications for annulment, separation and dissolution of the partnership and the court will have the power to make financial and property orders, its first consideration being the welfare and upbringing of the children of the family.

The law awaits Royal Assent and as such it is unlikely to come into force until the end of the year at the earliest.

 

Get 4 free tickets to hot Grassroots while they’re…hot?!

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Get 4 free tickets to hot Grassroots while they’re…hot?!
Hands up if you want four free tickets to Grassroots...

 

After some considerable raindancing across the island, Saturday’s weather has improved from 7 degrees predicted last weekend to 20 degrees as it stands today. At this rate if could be a scorcher. We’re therefore saddling up to attend in a big way. With tickets now flying out we nabbed a share of the last few to give away to you lot. As it’s an Eco festival and they’re promoting car sharing we also thought we’d tie that in and grab four tickets for a car of you….

All you need to do is email win@gallery.je and answer the question ‘what’s your favourite animal and why?’

 

Local In London | Solomia Zoumaras

Nina
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Local In London | Solomia Zoumaras

Former Jersey College for Girls student and Jersey born ceramicist Solomia Zoumaras left the island and moved to the UK to study art & design. After a change of heart in her first year of a furniture and product design degree, Solomia decided to move to Bath where she completed a BA in Ceramics. In 2006, Solomia won first prize in the Jersey Telecoms Student Art Prize and gained a commission by Coopers & Co in association with Jersey Pottery and since then hasn?t looked back. Now living in London, the ?Master of Plaster? is now in the middle of further studies in Ceramics at the Royal College Of Art.

Firstly, why the move to london – am i right in thinking you?ve been here for a number of years now?
Yes I moved after I graduated and because of winning the student award I was receiving interest with my work and I knew I was capable of pursuing this as a career.  I was given the opportunity to run a ceramic studio in the heart of Hackney. Over the last three years of setting up the business, Solomia, I have been exhibiting in trade shows such as Pulse and Top Drawer and retail shows such as Origin and Ceramic Art, London.  London is a great place for pushing your work mainstream, it just offers a wider social network of people and opportunities arise from it.

What kind of clients would buy  from you?
My work falls in both an art and a design category. Darkroom, Paul Smith, Southbank Centre and Modern Art Oxford are my main stockists.

I have been featured in Elle Decoration, Living etc, Homes & Gardens and the Financial Times. I was recently nominated for Best British Designer 2010 for Elle Decoration and I was shortlisted for the Ceramic & Glassware Award 2011 for Homes & Garden designer.

 

You?re currently in the middle of completing an ma at the royal college of art ? how?s that going and what are you working on at the moment?
It?s going really well; I?m at the Royal College of Art. They really push you to maximize your potential and your strengths.  I feel very fortunate to be given this opportunity to work alongside other creative people in the same environment as me.

Solomia is currently showcasing new design work at Designers Guild, Kings Road. More information about her work can be found at www.solomia.co.uk

 

What a rush

Georgie Clifford
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What a rush

What are the differences between the idea of adrenaline to the world of medicine and the idea of adrenaline to an adrenaline junkie? I wanted to find out, so I spoke to medical student, Tom, in his fifth year of studying medicine, as well as doing some research about what adrenaline means to those with a thrill-seeking personality and a keenness for dangerous sports.

What is adrenaline?

Adrenaline, AKA Epinephrine in the US, is a hormone that is produced in two glands situated just above the kidneys known as the adrenal glands.

The adrenaline rush is all part of the high level of risk or drama. A typical adrenaline junkie is usually associated with extreme sports, for example, auto racing, skydiving and bungee jumping. These adrenaline junkies often face a real possibility of serious injury or even death but these activities also provoke that adrenaline rush that the junkies are so famous for loving. You need courage and a risk-taking personality.

 

What does it do?

Adrenaline plays a number of different roles in the body but I’ll focus on it as an integral part of something called the ‘fight or flight’ response. This is an adaptation in humans whereby, in the presence of threat, the body prepares itself to react: to fight or to flee. In the past, when man was regularly subject to life or death situations, the response was essential for our survival. Using a good old fashioned example, we can highlight the response at work:

It’s a lovely Sunday afternoon and you’re taking a casual stroll through the woods (in Canada) when you happen to come across a grizzly bear. This situation requires a response, and quick. The body needs to be primed to act; it is vital that your muscles are ready to work with the upmost power and efficiency. By the action of adrenaline, and other hormones, this can occur. Your heart beats faster, your lungs inhale more oxygen, stored energy is released and more blood is delivered to your muscles. All of this is so that you’re as ready as you can be to kick the hell out of the bear or run for your life!

It’s a sensation of feeling fully alive; adrenaline junkies are ‘thriving’ and ‘striving’ and have a craving for thrilling adventures. While this is true, an adrenaline rush can wear off after a time and is addictive. Some adrenaline junkies don’t necessarily risk their lives in extreme sports but, instead, fill their lives with drama and conflict. For example, an adrenaline junkie can feel an adrenaline rush from manufactured stress instead of jumping out of a plane!

 

Tom concluded by stating, ?Life isn’t so tough these days; we don’t depend on our old friend, ‘fight or flight’, any more. Because of this, we miss out on our regular hit of adrenaline, making some people desperately search for the elusive adrenaline rush by partaking in dangerous activities and much more.”

 

So, ultimately, the medical side of things shows that adrenaline rushes can be explained in more ways than just a thrill but rather the technical explanation of exactly what happens in our body. Adrenaline can be our friend, triggering our instincts for survival, while it can also be the enemy when it comes to those who seek its rush, putting their lives in danger or just causing unnecessary drama.

 

 

 

 

Froyo to go…

Sarah
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Froyo to go…

Lucky us in Jersey. Thanks to Bento, we can now get our hands on US favourite, Froyo, or frozen yogurt.  As a nutritious alternative to ice-cream, it?s been a big hit with sweet-toothed Americans looking for a guilt-free dessert.  Bento?s version is called ?Bento Zero? to reflect the health benefits ? it?s probiotic, low calorie, gluten-free, fat-free, low in sugar, high in calcium and high in protein. Wow. Add your choice of toppings – strawberry, pomegranate, watermelon, granola, Oreo cookies and chocolate brownies, and pick it up from the Bento Deli in Commercial Street.

Bento, tel 887577, www.bentojersey.co.uk

 

Entertaining made easy

Sarah
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Entertaining made easy

I blame Nigella.  Ever since her ?wouldn?t-you-like-to-be-me? TV series with her finger-licking food and kitsch kitchen suppers, I?ve rather fancied trying out the domestic goddess look for myself.

 

I didn?t realise dinner parties would be such hard work though. No wonder the Come Dine with Me contestants always look so frazzled; it took me ages to compile a list of suitably decorative dinner guests ? and that was before I started shopping for the essentials; Cath Kidston apron, quirky placecards and a scented candle from The White Company.  It was only when I was strolling home from work with my packages that I remembered I?d forgotten the essential ingredient for any dinner party? the dinner.

 

Thankfully I was right next to the brand new COOK shop and in a couple of minutes, I?d picked up Cheese Soufflés with Red Onion Marmalade for everyone, a huge tray of Moroccan Spiced Lamb Tagine, Minted Couscous and a couple of Monkfish Wellingtons for the vegetarian, as well as plenty of vegetable sides that I would never have had time to chop, roast and sprinkle with caraway seeds.  There was even dessert ? a gorgeous Raspberry Pavlova that I just had to leave alone while it defrosted.  Now, that?s my sort of dinner party preparation.

 

All I had to do when I got home was make a list of the timings so I knew when to slip away and slide the COOK meals straight from the freezer into the oven, and then it was onto the important business of Getting Ready.  By the time my guests arrived, I was checking my manicure, putting the final touches to my artistic table decorations, and cracking open the Chablis.  Everyone was so busy tucking into the olives I?d picked up from COOK, they didn?t notice me unwrapping the cheese soufflés and decanting the frozen lamb tagine out of its plastic tray and into a COOK oven dish so it would look as if I?d spent hours slaving over a hot stove, instead of? Robert Stevens.  Those kind COOK people print the name of the chef who cooked your meal on the pack, so you can raise a glass to them ? when nobody?s looking of course, you wouldn?t want to give the game away.

 

You can imagine the look on everyone?s faces when I took six perfect cheese soufflés out of the oven.  ?Oh do you like them?? I said nonchalantly, ?filo pastry, mature cheddar, feta, some caramelised red onions and voila!  It?s simple really??  Which of course it was.  For me, anyway. Thankfully, when it was time for the main course, everyone had got into a wine-fuelled controversial debate about the waterfront, and didn?t notice me disappearing to microwave the vegetables. The minted couscous, oven-roasted vegetables and cabbage, bacon and pinenuts all cook straight from the freezer and are ready in five minutes flat.  Of course, I had to introduce some impromptu karaoke to cover the microwave ?ping?, but really, it was a small price to pay.  The lamb tagine with apricots and dates was divine ? aromatic, sweet and melt-in-the-mouth.  I wasn?t surprised.  After all, it had been marinated and then slow-cooked for hours? just not by me!  The monkfish wellingtons were a huge hit with my fussy, sorry meat-intolerant friend Rosie, who was convinced I?d personally wrapped the perfectly-cooked fish parcel in lattice-cut puff pastry just for her.  The piece de resistance though had to be the Raspberry Pavlova ? an incredible ?swish? roll of melting meringue and golden cream studded with jewel-pink raspberries.  ?How did you make that?? gasped the guests.  ?It?s easy when you know how?? I said, doing my best Nigella eyelash flutter.  You know, I rather think I?m getting the hang of this domestic goddess business.

 

Worth the Wait(rose)

Sarah
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Worth the Wait(rose)

Now we?ve settled into being Waitrose shoppers (just like Kate Middleton don?t you know), it?s hard to imagine a time before in-store Boots pharmacies, olive bars and those cute little green tokens.  But just to remind you ? here?s our pick of some of the products we couldn?t have got before those Waitrose aisles arrived in the isles?.

The power of nature
For the last two years, Toby, son of Jody Scheckter, the owner of Laverstoke Park, has been working tirelessly ? literally – to create a unique, organic energy drink. With 100% natural ingredients including ginkgo biloba, ginseng, guarana, extract of coffee seed, pomegranate and elderberry, this fruity concoction will leave you feeling refreshed and revitalised. Fairtrade certified, and 100% organic, this is an energy drink of a different ?nature?. Scheckter?s Organic Energy, in selected Waitrose Channel Island stores now (£1.69).

Cordially invited
Liven up your summer drinks with a dash of these quirky new cordials from husband and wife duo Chris and Becky Verinder- Baker. Five Valleys Cordials started as a kitchen project, with Chris and Becky selling their wares at local farmers? markets. These brilliantly different cordials are available in Apricot & Ginger, Lemon & Mint and Pomegranate & Rose and are exclusive to Waitrose. Five Valley Cordials, £3.19 each.

Honey to the bee
Waitrose is exclusively launching a new range of Manuka honey from husband and wife team, Sheryl and Paul Steen. A real natural superfood, Steens Manuka Honey is pure, single source and naturally bioactive. The range has varying degrees of antibacterial levels; from the +5 honey, which is perfect drizzled over ice cream, to the more intense +15 honey, which can be used to aid digestion and even skin problems. Steen?s Manuka Honey (in Raw 5, Raw 10 and Raw 15, all 340g) is priced from £8.50.

Your new favourite squeeze
Taste No. 5? is the exquisite new paste by Laura Santtini which can transform even the blandest of meals into something truly extraordinary. This innovative product is inspired by the science behind the fifth taste ? umami. Combining the most umami-rich Italian ingredients such as tomato, Parmesan cheese and porcini mushrooms into a single paste, it can be added as a flavour bomb to anything from grills, roasts and bakes to pastas, soups and stews or simply used on its own as a condiment for panini, crostini and dressings at £2.99/70g.

Man up, it?s salad
In response to our hotter-than-ever taste in food, Waitrose have just launched a new Hot & Fiery salad that is? well, just that.  Full of inferno rocket and nasturtium leaves, Greek cress, radish and butterhead leaves; this tongue-tingling collection of salad leaves packs a real flavour punch.  They?ve dubbed it ?man salad?.  Are you macho enough to try it?  Waitrose Hot & Fiery Salad, £1.49 per bag.

 

Midlife Crisis Jersey Style

Wendell
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Midlife Crisis Jersey Style

What?s up, dudes?  I know that this magazine is mostly read by the hip youngsters out there, but I bet there?s more than a few guys like me who grab a copy too – cool guys, fun guys, guys who have a Harley Davidson and a lot of time on their hands since they got divorced.  We like to party too, and maybe that?s why we ditched the old ball and chain and ended up with a hot girlfriend half our age.  Sometimes you need a woman that understands you, and life?s too short to say no just because she?s six years older than your daughter and happens to be your secretary. Right, guys? High five!

Men like us live life like a Lamborghini driving in the fast lane, and it?s no surprise that not everybody can keep up.  Some of you are just driving a sensible Volvo, so don?t bother honking your horn when Wendell Stamps overtakes.  I can?t even hear you, because my Bang and Olufsen stereo is rocking with the latest album from U2, and I have to tell you it?s up pretty loud.

I?m an Easy Rider, roaring down the highway of life with the wind in what remains of my hair.  Maybe if the former Mrs Stamps had spent less time popping Valium and more time doing Bikram Yoga she might not have been traded in for a younger model, but life?s too short for bitterness about the past. I?ve stopped caring if that ridiculous, over-generous divorce settlement gets wasted on a few more facelifts, because unlike some people I?m going full speed ahead and it doesn?t matter if I get a few points on my licence.

Tuck your shirt into your jeans

If you?re lucky enough to find yourself with time and money on your hands, then you couldn?t be living in a better place than Jersey, isle of older dudes and the girls who love them.  I?m literally spoiled for choice when thinking of things to do and places to hang out – sometimes I can?t decide which restaurant to sit outside, talking loudly into my phone about investment deals and making sure that everybody can see my watch.  As long as they sell expensive wine, I?m not fussed, because one of the pleasures of being a stylish man in your fifties is that you get to know a lot about wine.  People love it when I talk to them about my interests in fine wine, real ale, vintage cars and my collection of shiny Apple devices. Would you like to see what my iPhone 4 can do? It?s amazing.

Most weekends, I like to hop in my pimped ride and catch some waves in St Ouen, or maybe just park the BMW by the beach with the surfboard on top.  If I?m not in the mood to ?hang ten?, I might put on some lycra and take a spin on the racing bike I bought when me and the other partners did a race for charity last year.  It cost six grand because it?s made entirely of experimental carbon fibre, which means it was pretty light when I had to push it up the hill at La Pulente.  Business isn?t all about mergers and tax avoidance, and it?s great to give something back – between the eight of us we raised over £2000 for some village in Africa. I just hope it?s one like you see in National Geographic magazine – where the girls are topless all the time.

Dancing on the ceiling

When the youngsters at work ask me how I?ve still got the energy to be partying with them past midnight on Friday, I discreetly wipe the crumbs out my nostrils and tell them that my motto is ?work hard, play hard? – which is why I have more in common with the young bucks than I do with my greying, happily married contemporaries.  Unlike some of the partners at the firm, I?m not the kind of quitter who drops out with a heart attack on the squash court – whilst they?re getting bored with their ageing wives I?m spending the weekend with some girls I met in Ibiza.  I even went to one of those raves – the music?s a bit fast, but I didn?t let that stop me from showing off my moves, because I?ve still got Saturday Night Fever.

I?d always heard a lot of men say that life begins at fifty, and I?d never believed them, but it?s true.  I may not have the boyish good looks of my twenties, but that?s nothing that a daily session on the sunbed and some expensive dental work can?t fix. The younger ladies still like me because I?m distinguished and mature, like a fine wine or this vintage leather jacket.  That, and the fact that I have a generous life insurance policy and own a yacht.

Transfusion of tiger blood

Why shouldn?t I enjoy the fruits of three decades of investment banking? I spent most of my thirties working seventy hour weeks, but I hardly ever got to party because I had to go home to the family at least half the time.  These days I get to enjoy all my down time, either chillaxing or spending the money I?ve worked hard for – well, at least the portion of it that isn?t going to my ex-wife or her blood-sucking lawyers.  I don?t regret a thing, and if I could speak to my younger self I?d tell him to look forward to the kind of late youth enjoyed by other hip dudes like Arnold Schwarzenegger, Charlie Sheen and Bill Clinton. Bill Clinton, I salute you – now there?s a man who knows a thing or two about what to tell people when you?re caught getting a blowjob at work.

I like to say ?carpe diem? –  that?s latin for ?party hard, dudes? and that?s what I?d tell my immature, less balding self if I somehow could travel back to my twenties without the assistance of a cocktail of Botox and Viagra.  It?s what I tell the young blokes at work, because even if they?re too embarrassed to admit it I can tell they look up to me – a guy that proves you can still be cool when you?re past forty, like Jeremy Clarkson or Simon Cowell.  In fact, I?d probably be having this kind of conversation with my own son if we were still on speaking terms. Still, I?m sure he?ll come round, because that maintenance agreement runs out when he reaches 18, and Dad?s the one who has tickets to see Coldplay and a jacuzzi full of half-naked girls.  Despite what his mother says, I?m not sad or lonely at all, as he?d be well aware if he?d accepted my friend request on Facebook.

Keep it real, dudes – don?t do anything I wouldn?t do. Stamps out

 

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