Is it legal? NLW

tomtontom

Takeaway_Addict wrote: »

I disagree- Such blatent age discrimiation is likely to get the employer hammered.

It can be as blatant as can be, it just needs to be justifiable.

There are so many reasons the employer can use to get around this, some true and some materialised. Even if it did go to tribunal any award would be low, so if it got to this stage they could pay the staff off as it would be cheaper than litigation.

What should the staff do? Look for a new job. If you want to push it you might get a month's additional pay to leave quietly.

tightasagnats

The employees should contact ACAS - they are great - got back a paltry £60 from a dodgy employer for me when I was in my 20s without need for legal action. They advise at all levels,

https://www.acas.org.uk

Acas Helpline
Call our Helpline on 0300 123 1100 from Monday-Friday, 8am-8pm and Saturday, 9am-1pm for free support and advice

"(Advisory, Conciliation and Arbitration Service) provides free and impartial information and advice to employers and employees on all aspects of workplace relations and employment law."

Nicky321

tightasagnats wrote: »

The employees should contact ACAS - they are great - got back a paltry £60 from a dodgy employer for me when I was in my 20s without need for legal action. They advise at all levels,

https://www.acas.org.uk

"(Advisory, Conciliation and Arbitration Service) provides free and impartial information and advice to employers and employees on all aspects of workplace relations and employment law."

Thankyou tightasagnats, I was thinking acas, will pass it on to the employees, not much time cos they will be finished on Sat/Sun of this week.

tightasagnats

I'm not sure that matters, if they have broken the law then ACAS can help negotiate/re-instate/claim compensation - so worth a call for sure.

Takeaway_Addict

tomtontom wrote: »

It can be as blatant as can be, it just needs to be justifiable.

There are so many reasons the employer can use to get around this, some true and some materialised. Even if it did go to tribunal any award would be low, so if it got to this stage they could pay the staff off as it would be cheaper than litigation.

What should the staff do? Look for a new job. If you want to push it you might get a month's additional pay to leave quietly.

I don't disagree in terms of reaslistically what employees should do, as I'm sure you're aware I always advocate a business choice from both the employee and employer.

The employer has stated its cheaper, I woudl agree that if they wished and didn't say anything they could manufacture a cheaper staffinf level but to come out and tell people that's the reason is likely to land them in it.

Also, hammered in terms of bad publicity as well.

Firetastic

This is why it would be better if everybody was paid NLW regardless of age. Then again businesses would probably just close down.

sangie595

tightasagnats wrote: »

I'm not sure that matters, if they have broken the law then ACAS can help negotiate/re-instate/claim compensation - so worth a call for sure.

You appear to misunderstand the current role of ACAS. And the competence of their first contact staff. Not one of which is legally trained - they read from a script. At best all they can do is suggest that this may be discrimination. It is them up to the employees to press a case, and that potentially costs up to £1250 if they must go all the way to a tribunal. ACAS certainly will not negotiate on their behalf. They are mediators, not representatives. They take no side. They remain neutral.

I agree that on the face of it, this employers actions appear to amount to discrimination. But proving it, or being able to pursue it to a tribunal are different matters. They would probably need legal advice. Many lawyers provide a free initial consultation. Find one who will and get advice.