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Wages & Legal Question

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Top 500 Contributor
Nolocks Posted: Sat, Sep 24 2011 19:09

I would like to ask a question that has arisen in my daughters work place.
she started in a studio on jan 2009 (her birthdate is 01-01-1993 making her 16 when she started)
and come january 2012 that will be her worked three years for the apprentice rate
which started at £80 for a 48 hour week which went up to £95 after her first year on her third year she has been getting £100
which I think is correct, however she has been told by her boss after she turns 19 on the 01-01-12,
her boss intends for her to work part-time three days per week and train another three days per week
surely my daughter should be fully qualified and therefore merit the full minimum wage
please help me with this as she has given this salon nearly three years and I would think this is not being recognised by her employer
as she,s also a very good timekeeper and I just feel her employer is taking advantage of her faith too the salon
by not paying her for the full six days as these three days training would be as unpaid work
surely the three years should have been enough for her to obtained any qualified training to become a hairdresser? can you make this clear for me please.

alexander scot

Top 500 Contributor

????

Top 10 Contributor
HJi replied on Mon, Sep 26 2011 22:04

Hi Alexander, We will put your question to David and come back to you ASAP.

Kate

http://www.hji.co.uk
Top 500 Contributor

thanks for the reply

Top 500 Contributor

My god is there anyone actually here to answer anybodies questions this has been ages since I posted it on here, ???

Top 10 Contributor
HJi replied on Thu, Oct 20 2011 9:47

We can't apologise enough for not getting this answer over you you earlier. Hope it helps, but if not, please come back to us - and we promise we will answer you more promptly! Also, do come back with the answers to David's questions. We're really sorry about your bad experience so far.

Your daughter should have a deed of apprenticeship which specifies the duration of her apprenticeship

Normally it specifies a time scale or an event i.e. when you achieve level 3.

Typically the maximum is 3 years but in theory it could be 4 years. I note that her 3 years ends in Jan 2012.  At the end of the apprenticeship the employer has the choice as to whether to give the person a job i.e. they become an employee. Of course there are situations where someone might need further training but this cannot then be as an apprentice and exempt from the minimum wage.

Does she have a deed of apprenticeship? The minimum wage is £2.50 an hour so if she worked 48 hours she should have been paid £120 a week (previously it was £95 but this was irrespective of the hours)

A few other observations, the maximum working week under the European working time Regulations is 40 per week for under 198s, I note she worked 48 hours a week. She should also have worked a maximum 5 day week

You are right, when she reached 19 she was entitled to the appropriate minimum wage for her age,

It would not matter if she was employed or training (assuming she hadn’t finished her training after 3 years) all hours of work would be paid at the 19 year old rate which rises to  £4.98 on the 1st October

It is concerning that she was working a 6 day week when aged under 18

Please get back to us and confirm the nature of her original apprentice agreement

David

http://www.hji.co.uk
 
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