Agency advertising nanny posts with wages under NMW

[lovelynannytobe]

I am looking for a nanny job and signed up with some nanny agencies. One of the bigger agencies just sent me an email I've copied below:

'I have a lady in X urgently looking for a full time permanent nanny/mothers help/housekeeper for her 2 and 7 year old. Monday to Friday 7am to 7pm. Could be reduced hours on the Monday and Tuesday.
Only looking to pay £170 net per week (may go up a little more)
To start asap'

Honestly either I am really dim as my calculations bring it under NMW for the hours she wants or there's something wrong with this agency even letting this go through. This sort of wages wouldn't attract income tax as it's below the threshold. If I am right in thinking that it is below NMW where can I report the agency if anywhere?

It does not say if live in or liveout.
Advertising standards agency (ASA) may look at a complaint as it is an advert. Pay Rights Helpline may be able to advise on NMW aspect.

Probably best to confirm with agency with regard to livein or not. Then complain to them with regard to it not complying with NMW.

Ha ha. I got that email and replied to H saying

£170 nett for 60hrs, possibly less but thats £2.83 nett an hour !!!!!!!!!!!

way under nmw - for a 60hr week least needs to be £307 nett , £371 gross

I have a friend in Essex who may be interested but not at that salary - its illegal

The lady from agency replied saying

Trying to make her reliese that

My reply was - don't advertise her job then at that wage - it's illegal

H hasn't replied back

Earlier this year there was a Government consultation about employment agencies regulations. www.gov.uk/government/uploads/system/uploads/attachment_data/file/52049/13-530-recruitment-sector-legislation-consultation-on-reforming-regulatory-framework.pdf

With luck there will be things done about regulating agencies. Currently anyone can open one and they do not seem to have to know anything about running one, such as what rules of conduct they should follow, advertising standards etc.

For now, I would report the agency to ASA to see if they can have a word. The email sent out must be some form of an advertisment, wouldn't you have thought?

It's just gone live on their website. It is advertised as a live out position.
Blondeshavemorefun please report it ... I will ... the more people do it the better. I am really shocked they advertised it.

Pay and Work Rights Helpline contains a link to a complaints form. Worth filling that out as they deal specifically with issues around National Minimum Wage.

Without knowing which agency is involved it is hard for anyone who did not get the email to complain, though if it is now live on the agency website maybe more people could find it and thus can then complain.

Seems rather strange to me that the agency is advertising the job. The agency seems aware that the job does not meet NMW requirements so they could just not represent their client. Simply tell the lady that they can't help her.

Is the agency a member of any organisation such as ANA, REC? If so also complain to them as it is surely against the code of conduct the agency signs up to when being a member of ANA or REC.

ASA Complaint Form - plus have just looked at the ASA website and it does cover:
Marketing on companies? own websites and in other space they control like social networking sites Twitter and Facebook
Commercial e-mail and SMS text message ads

So it does fall under Advertising Standards remit. More about ASA non-broadcast advertising.

May be hard for ASA to make a ruling though, as the CAP Code (non-broadcast) does not seem to cover NMW.

It does include:

20.2    Employment marketing communications must relate to genuine vacancies and potential employees must not be asked to pay for information.

Living and working conditions must not be misrepresented. Quoted earnings must be precise; if one has to be made, a forecast must not be unrepresentative. If income is earned from a basic salary and commission, commission only or in some other way, that must be made clear.

So possibly the advert does not comply with that - though the quoted earnings in this case are precise... they just are not sufficient to meet NMW criteria.

The advertisement in question has been modified by the agency, so the job now meets NMW for someone aged 18-20 years.

ANA are about as useful as a chocolate teapot so I wouldn't bother reporting to them. Although you could because it might give them a kick up the backside.

It's good that it's been modified but are they really only going to send 18-20 year olds? And will they get a payrise when they hit 21?

Maybe the agency concerned would like to come on here and comment about the situation. Would be interesting to know what happened, how it failed to be checked prior to publication and if they will be advising their client that the salary will need to be higher if the person recruited is older.

Mistakes happen but they are preventable, maybe the agency will retrain staff to make them more aware of the legislation they need to consider, rather than just doing what a client says. The client is not always right!

sorry had no signal/internet, H did reply saying she was trying to make her client reliese it was under nmw

i didnt see the ad on the internet, but i am very surprised that any reputable agency would send out an email to many nannies telling them about a job and advertising the wage that was illegal ie £2.88 gross

if was advertised at £307 nett then would be nmw for all, ie £6.19 - but from oct nmw is £6.31 so nett would be £312, but at the moment says £300 so yes only nannies under 21 would have to apply at present wage £300nett

tho again i am surprised tho guess shouldnt be that yet again the wages are quoted in nett

gross gross gross

if agencies are still saying nett then how the hell do they expect nannies to say gross if they quote nett to nannies/clients

and to top it off, ive just looked on the website for my area and there is one job,

was reading it and thought omfg thats my friends job .............

and the advert says starts sept 2012!!!!

so ad is almost 10mths old out of date

i can understand that sometimes jobs are still on an agencys website if just been placed and ad hasnt been taken off, ie a week

but not almost a year

very poor imho :(