I was recently contacted by a horrified small businessman who had read an article in the Heating and Plumbing Monthly. The article told the story of a parent of a student plumber approaching a business and asking if they would allow him to do some unpaid work when he was not at college so he could gain some experience. The business was not in need of additional staff but he would not need paying so what harm could it do? It was arranged that he would do a couple of days per week. At the end of the college course the lad requested an apprenticeship but the firm had no need of an apprentice and the lad left amicably. What a happy story. Unfortunately HM Revenue and Customs then visited and wanted to know why he was not paid the minimum wage. The result was a large bill and an additional 50% penalty for the breach of the Regulations.
Many businesses are asked each year to take people for work experience. It is encouraged by government and schools alike. However if any work is done rather than mere spectating and as is normal some hours are set aside for this, then it becomes likely that the student will satisfy the legal definition of a worker so that certain statutory rights will apply including of course the right to be paid the minimum wage. Rights relating to the protection of wages, the right to be accompanied at a greivance and disciplinary meeting, the right to holidays and other working time requirements could all become relevant.
If therefore the arrangement is work shadowing there is no problem. Once you start asking them to do things which could be considered as work such as perhaps making the tea then beware.
No comments:
Post a Comment