Apprentices and the National Minimum Wage
by Liam
The EAT have recently considered the issue of whether an apprentice hairdresser was entitled to be paid the National Minimum Wage in HMRC v Rinaldi-Tranter. Rinaldi-Tranter worked for a Salon and was paid a training allowance of £50 per week. She also undertook training at college and was released from her duties for this purpose.
The National Minimum Wage Act expressly excludes first year apprentices from the NMW. However, second year apprentices can fall within the protection of the NMW if they are workers. The EAT in Rinaldi-Tranter held the apprentice was a worker.
The EAT was careful to point out that it had not decided that apprentices fall or do not fall within the protection of the NMW - the case was decided on the basis that the apprentice was a worker on the facts. However, it would seem that it will frequently occur that apprentices do enough work personally for their trainer to be classified as a worker and hence qualify for the MNW.
Employers taking on apprentices for more than a year beware - can you afford to pay your apprentice the NMW?
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dear pjhlaw
i have been working in the hairdressing industry for nearly two years and have been having some bad problems along the way i started out at a salon who will remane nameless but while i was their they sent me to college on day relese on a modern aprentaship to study NVQ2 in hairdressing that i did on my day off.
I was told that the 1st year my employers where exemped from paying me NMW because of the training and that it would increce to the NMW after my 1st year ,i started a year last september and still remain on the wage of £433 PCM and working tues to sat from 9 untill 5,6,7 on some days.
I was aware that my pay was due to increse back in september but due to an admin error at the college i was not officialy registerd untill jan of last year so they are making that my start date rather than september.
back in last summer (2007) they was a breakdown in partnership with the salon owners and the two people incharge went their seperate ways one gave up hairdresing and the other set up a salon of her own and took me with them because of my training thus the confusion on where i stand been a 24yr old 2nd year tranee.
If any one could help i would be most greatfull.
thanks
kyle dyson
kyle j dyson said at January 9th, 2008 at 10:39 pm
Kyle
Do you have a written contract?
Whether you are entitled to the NMW or not depends on whether you are beyond the first year of training and whether you are a worker as defined by the case law for the purposes of the National Minimum Wage Act. I would need more information to establish that - you can call me on 0870 350 5805.
If you are entitled to the NMW, you should be paid more than £433 for the hours you mentioned.
Philip said at January 10th, 2008 at 3:17 pm
hi
just got your reply and thanks for the speedy message
unfortunatly due to the nature of the hairdressing industry i do not have a written contract for my self but work has one in my name for the college because that was needed to start my aprentaship.
I started my second year at college last september (07)and my 1st sept 2006 ,i have untill april to qualify also.
on a slightly harsh note my two bosses took me aside today and had a chat to me about wages what they are preposing to do
1. cut my hours down to 2 / 2 and a half days but pay me NMW making it legal for me to work their to save them paying me more than they should for working full time hours
2. then they told me that once i was qualified that they would no longer employ me because they would not be able to pay me.
all they tell me is this and nothing thurther.
This puts me in a bad position because i can not hand in my notice and walk out to another job because it would jepodise my college course as i need to be in full time employment and not working part time.
kyle dyson
kyle dyson said at January 10th, 2008 at 6:45 pm
Kyle
If you need specific advice, please give me a call on 0870 350 5805.
Liam Pike
Solicitor
Liam said at February 15th, 2008 at 8:45 am
can you if training to be a hairdresser have your hours reduced and payment for a short term
brenda marshall said at December 20th, 2008 at 5:42 pm
Need to know a bit more detail to give you an accurate answer. Please call on 0870 350 5805 if you wish to discuss.
Employers can put employees on short-time working (which means you work less than half your normal working week with a comensurate reduction in pay) if they agree or if the Contract of Employment gives this right.
Liam Pike
Solicitor
Liam said at February 6th, 2009 at 1:38 pm