Young People and Employment Law
Discussion
Hi all, hope someone can help me.
I have had a look at the rules for people under 18 (but above school leaving age) and am a little confused, I am sure that a certain company is breaking the law on this, and would like to know, if they are, who can it be reported to (ie if it was a tax fiddle, then it would be HMRC, if it was a transport company running bent then it would be VOSA, but is there a general body for reporting dodgy employers to?)
Facts are, the person concerned is 17, has worked for a large well known international company for nearly 2 years (basically since leaving school)
There is no enhanced payment for working unsocial hours.
There is no enhanced payment for working more than 37 hours a week.
There is no enhanced payment for working bank holidays (ie Boxing Day was normal rate)
'Child' is rota'd on til midnight a lot of times.
'Child' has been doing between 10 and 15 hour a day recently. (company have told them this is ok if they give them an extra break!)
'Child' is currently rota'd to do 14 days without a day off. (next week the child is also back at college)
Wages don't seem to be being paid right, the 'child' did in excess of 37 hours the past two weeks and although they are on just above NMW, the wage received doesn't reflect the hours worked (will know more when I see wage slip)
'Child' routinely works till midnight or later and is left to make their own way home.
I can't go in all guns blazing, as that will just cause problems for the 'child' and they don't want to lose the job as getting another one that generally fits in around college will not be easy.
So, is there anyone that I can report all this to? Someone that can inspect/audit the company and do something if they are found to be breaking the law?
If not, what else can be done? (apart from going in guns blazing and causing a scene?)
Thanks in advance
I have had a look at the rules for people under 18 (but above school leaving age) and am a little confused, I am sure that a certain company is breaking the law on this, and would like to know, if they are, who can it be reported to (ie if it was a tax fiddle, then it would be HMRC, if it was a transport company running bent then it would be VOSA, but is there a general body for reporting dodgy employers to?)
Facts are, the person concerned is 17, has worked for a large well known international company for nearly 2 years (basically since leaving school)
There is no enhanced payment for working unsocial hours.
There is no enhanced payment for working more than 37 hours a week.
There is no enhanced payment for working bank holidays (ie Boxing Day was normal rate)
'Child' is rota'd on til midnight a lot of times.
'Child' has been doing between 10 and 15 hour a day recently. (company have told them this is ok if they give them an extra break!)
'Child' is currently rota'd to do 14 days without a day off. (next week the child is also back at college)
Wages don't seem to be being paid right, the 'child' did in excess of 37 hours the past two weeks and although they are on just above NMW, the wage received doesn't reflect the hours worked (will know more when I see wage slip)
'Child' routinely works till midnight or later and is left to make their own way home.
I can't go in all guns blazing, as that will just cause problems for the 'child' and they don't want to lose the job as getting another one that generally fits in around college will not be easy.
So, is there anyone that I can report all this to? Someone that can inspect/audit the company and do something if they are found to be breaking the law?
If not, what else can be done? (apart from going in guns blazing and causing a scene?)
Thanks in advance
AFAIK the first three about enhanced payments don't mean anything, employer doesn't have to pay you premiums if you haven't negotiated it into your contract.
16 and 17 year olds CAN'T work more than 8 hours a day, or 40 hours a week, and can't opt out of the working time directive, even if they wanted to work more.
I might be mistaken but when they finish is nothing to do with the employer. Same as, if they're rota'd for 14 days in a row, there's no law being broken there, but those 14 days should meet the 40 hour week, not exceed it, if it exceeds it then its a problem.
16 and 17 year olds CAN'T work more than 8 hours a day, or 40 hours a week, and can't opt out of the working time directive, even if they wanted to work more.
I might be mistaken but when they finish is nothing to do with the employer. Same as, if they're rota'd for 14 days in a row, there's no law being broken there, but those 14 days should meet the 40 hour week, not exceed it, if it exceeds it then its a problem.
Thanks, I realise that enhanced payments and making your own way home are something that are just the way they are.
I was looking on the CAB website and apparently they have to have 2 days rest a working week. Plus 12 hours between shifts.
I have spoken to the 'child' and she has been told 11 hours between shifts and that if she 'volunteers' for the extra shifts then that's ok (basically opting out of the WTD) I have informed her that she is not allowed to do that, regardless of what the employer says.
We are waiting for the wage slip to see just how many hours she has been paid for, to compare it against the list of hours we have that she has worked.
Oh and another thing, they accrue holiday pay, but don't actually get paid time off, if they take time off, they don't get paid, but they 'bank' the holiday pay and can ask for it at any point, surely this is wrong, as you could in theory work 52 weeks a year and have the employer pay you the extra 5 weeks (or whatever it is they get)
I was looking on the CAB website and apparently they have to have 2 days rest a working week. Plus 12 hours between shifts.
I have spoken to the 'child' and she has been told 11 hours between shifts and that if she 'volunteers' for the extra shifts then that's ok (basically opting out of the WTD) I have informed her that she is not allowed to do that, regardless of what the employer says.
We are waiting for the wage slip to see just how many hours she has been paid for, to compare it against the list of hours we have that she has worked.
Oh and another thing, they accrue holiday pay, but don't actually get paid time off, if they take time off, they don't get paid, but they 'bank' the holiday pay and can ask for it at any point, surely this is wrong, as you could in theory work 52 weeks a year and have the employer pay you the extra 5 weeks (or whatever it is they get)
speedchick said:
'Child' routinely works till midnight or later and is left to make their own way home.
There's a potential duty of care issue there.I'm sure Breadvan72 will assist you, but the things you've described seem most unusual for a "large well known international company" - does she actually work directly for them, or is it a franchise / contractor?
It's not a franchise, it is a branch of the actual company, that's what surprises me so much about the way they are acting. I understand that not all companies are generous when it comes to paying unsociable hours pay, or even extra for bank holidays, but jeesh, this is one of the biggest names in the world!
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