To think this employer is taking the piss ?

[SnowDuvetDay]

My 17 yo attended an interview on Saturday. The position was for Shop Manager (it’s an independent food based shop).
Hours, holiday, pay etc was discussed. My son would be opening/closing the shop, cashing up at EOD , 6 days a week. He would be working on his own with no lunch break 10-6.
He was successful & received his contract last night.
The employer has removed any paid holiday (agreed 28 days in the interview), his salary would be £200 a week & 2 days paid training to be paid back if he leaves within 12 months .
It’s taking the piss isn’t it ?

*12 hours between shift

HaudYerWheeshtYaWeeBellend - thank you for the information

The national minimum wage for 17 year old is £4.20 (x 6 days per week x 8 hours per day, comes to £201.60 per week).

Under working time regulations, young workers have additional rights, and should not be working on average more than 40 hours per week (or 48 hours if aged 18+), and must have a break of 30 minutes every 4.5 hours (or 20 minutes every 6 hours if aged 18+).

Entitlement to holidays is 28 (20 working days and 8 bank holidays, which don't actually have to be taken on a bank holiday) - this is the statutory minimum, and a requirement in law. It is not up for negotiation. In some casual working arrangements (i.e. not on a full employment contract), some employers will "roll up" holiday pay and add the entitlement to increase the hourly rate. But not paying it at all is simply not an option.

I'd suggest raising these issues with the employer, and seeing whether there has been a misunderstanding? If there hasn't been, at this stage it's probably better for him to find a decent employer somewhere else! Or otherwise, if he starts work there, and isn't receiving paid holiday or if they don't adhere to the working time regs, he could bring a claim to an employment tribunal (there is no length of service requirement in either of these claims) but the claim must be brought within 3 months or the dismissal or detriment. Contact ACAS first though.

Yes he is £4.17 = 3p less than minimum wage.

Also, don't employers have to offer some sort of pension (or you can put money in your own pension?)

To add to Haud’s list he is also entitled to a minimum 28 days paid holiday
A worker under 18 has to have a 30 min break after working 4.5 hours.

Bloody hell, they're really trying to win the race to the bottom, aren't they? That's appalling terms and conditions and they would still be appalling if they were legal.

My DNiece has got a p/t job with a company that's part of the same organisation as TK Maxx. They pay everyone in the same role the same hourly rate, and she gets £8.60 an hour. She's 16! And she gets paid holiday.

Whoever this employer is, they should be reported to the low pay unit.

How can a 17yo manage a shop?

Smiling - the law was changed a while back & rolled up holiday pay is no longer allowed.

Sorry just to clarify I wasn't questioning his ability. But in terms of being a key holder etc.

What does the shop even sell? No restricted products to consider?

It sounds like this employer is trying to take advantage of your son's lack of experience and assumed naiveity.

To be honest I'd be worried about what other laws the employer might be breaking. Will the shop actually be safe to work in?

@Bluntness100 - that was his intention- to get some money under his belt & move on.
He is currently living in a completely new town (which he loathes) with his DF (long story) & this job enabled him to move in with his older brother.
Getting a full time job as a 17 yo is nearly impossible.

Poutysprout Isn’t paid holiday also a requirement?

Ah yes. Missed that.

Absolutely taking the piss. 20 days holiday plus bank holidays, so 28 dats is the statutory minimum. Employer cannot shy away from this. As others have said, if it sounds like they don't know their arse from their elbow with regards to employment law, I would be worried what other tricks they have up their sleeves. Bet the staff turnover is ridiculous!

No restricted products - it’s a milkshake bar.
He has worked weekends with his Dad (construction) since 14. I feel for him - he is such a hard worker & would give any job 100%.
He even discussed ideas for expansion with the owner who agreed to split the profits on products.

Comefromaway It's a very complex area, but yes it is still allowed, although not best practice. But the employer MUST enter it as a separate line; simply paying eg an hourly rate without separately identifying and paying under the separate category of holiday is unlawful, but if you don’t actually lump it into the hourly rate of pay, then it can probably be argued that it isn’t ‘rolled up’ at all.
Ideally, the holiday pay element should be ‘banked’ by the employer of casual workers and the like and paid to them whenever they elect to receive it so long as it relates to a period they’re not actually doing paid work. Anyway, in this case the 17 year old isn't a casual work, so all irrelevant here!

60 hrs pw at £200 is £3.33ph, so below the NMW for his age (£4.20).

6x8 is 48, not 60.

His employer is also hugely putting his own business at risk, as they would not be covered by insurances if anything happens to the building while in sole charge of a minor.

I understand the minimum wage but this is not a minimum wage job. He would have the keys to the premise, no break & cashing up.

That's not for you to decide. Lots of shop workers have to open up, cash up, run to the bank and so on and are on minimum wage. Hell, I do all of that as a charity shop volunteer and get paid nothing!

But the breaks and so on is not on.

If an employer is prepared to offer these conditions they are an awful employer. He should stay well clear. I'm sure you've thought about this but if he's looking for a full time job at 17 he can't have loads in terms of experience or qualifications. So perhaps an apprenticeship wod be good for him?

Would be not find work as a labourer? We are absolutely desperate for good, young manual workers around here. My husband has been looking for someone who works hard and turns up to work on time for two years. No takers.

He’s not in the East Midlands is he.

Panic - auto enrolment doesn’t apply at that age. However they have to give the option to join.

The employer is clearly a mean spirited, exploitative bawbag so if I were your DS I'd avoid if at all possible.

@JaniceBattersby - unfortunately not.
He did have the offer of an apprenticeship but unfortunately had to move out of the area so could not take it up.
I know he’s my son (I have 2) but he is an incredibly hard worker & just wants to work. My other one on the other hand..
We are going to an apprenticeship fair in the next few weeks so hopefully something will come up.

Fuck no!

Report the employer. You have his terms in writing FFS!