Are they breaking the law?

MissSarah1972

Nicky321 wrote: »

While originally doing the work experience, my daughter managed to get a part time job 12 hours per week with another employer but this is a temporary job till January 2013, this is why she asked the pub if there was any chance of being kept on and paid, thinking maybe another 12 - 16 hours work, would give her more of a wage in order to be able to support herself.

Oh she has another job too?

Well if she does I am sure you can not be an apprentice part time.

Nicky321

MissSarah1972 wrote: »

Oh she has another job too?

Yes she has another job, applied for 16 hours, but was given only 12 hours.

MissSarah1972 wrote: »

Well if she does I am sure you can not be an apprentice part time.

Thats what i was thinking, i think they are using this as a way to get away with paying £2.65/hour instead of the NMW it should be.

MissSarah1972

Nicky321 wrote: »

Yes she has another job, applied for 16 hours, but was given only 12 hours.






Thats what i was thinking, i think they are using this as a way to get away with paying £2.65/hour instead of the NMW it should be.

I do not think they are part time. She needs a contract stating that it is an apprentice role, yes? You can't be told once you have the 'job' that you are in fact an apprentice.

Like I say get her to call the job centre and ask them if the 'job' came from them.

elisebutt65

My son has an apprenticeship and he gets £99.30 a week. You have to have at least a 12 month contract with the contract stating who the training provider is and what qualification they will gain at the end of it.

Sounds like they re trying to pull a fast one here and I'd contact the job centre and HMRC

V_Chic_Chick

They're taking the Michael Fish...

As far as I'm aware, no qualification = no apprenticeship.

They should be paying NMW, which at the age of 18 is £4.98ph (although, for the record, I'm 20, have done a lot of bar / waitressing / catering jobs and I've never been paid less than the adult minimum wage, which is currently £6.19ph).

Sambucus_Nigra

An apprenticeship is a tri-partite agreement between you [the parent], the employer and the training provider. I'm assuming you haven't signed a tri-partite agreement and she isn't going to college so therefore - no apprenticeship!

It's a legal status not just a letter after your name and using it to break the NMW law.

SandC

Agree with the above, the employer has to do it through the appropriate bodies and training with an end qualification has to be provided and assessments carried out on a regular basis. An Apprenticeship Agreement must be enforced.

More info here:

http://www.apprenticeships.org.uk/Partners/Policy/Apprenticeship%20Agreement.aspx

Uncertain

elisebutt65 wrote: »

Sounds like they re trying to pull a fast one here and I'd contact the job centre and HMRC

Indeed, but if she does they pub will no doubt terminate her employment.

If she only intends to be there short term, but has no alternative at the moment, the smart move may be to say nothing then pursue them for the extra money after leaving!

MissSarah1972

Uncertain wrote: »

Indeed, but if she does they pub will no doubt terminate her employment.

If she only intends to be there short term, but has no alternative at the moment, the smart move may be to say nothing then pursue them for the extra money after leaving!

This is why things like this happen time after time as no one will speak up. Yes they may get rid of her but so what? THEY are breaking the law and if she has a payslip she can prove that.

Because people sit there and say nothing this is why these thing go on.

What if you got a job and you are told you are on £20k but then when you get paid you are pnly being paid £12k? What do you do? Shut up and say nothing? I know I wouldn't.

Sharon87

I would definitely inform the job centre. Sounds like the pub just want free/cheap staff. They've found someone who's already trained because of her work placement with the job centre, but just think they can get away with paying her 2 fifths of the NMW because she needs a job. I would contact the job centre and tell them what the pub is trying to do. I'd also take a print out of what qualifies as an apprenticeship and also the NMW law to the employers and state she'd like to be on at least NMW.