Age discrimination or not?

XmasEveshopper · 2025-02-24T02:11:07+00:00

DC applied for a part-time job at £12ph it was advertised as pay might vary on location, experience and qualification. They have the qualification required. At interview they were told pay was £12ph. When they were offered the job and completed the paperwork the contract came back at £7.90. They queried it but was told it was because they were under 18 and pay would go up to £12ph when they were 18. Can pay be varied by age when it’s not matching National minimum wage levels for those age bands and does their advert need to change? This is a large organisation with 1000’s employers not a small company. Thanks

MagentaRocks · 24/02/2025 02:21

It is legal. Google minimum wage and it will show that is the right amount of pay.

Eta - the current rate for under 18s is under £7

ByQuaintAzureWasp · 24/02/2025 07:58

I would say it's breach of contract not discrimination. They offered him a job, stating the pay was £12 per hour, which was as per the job advert - he accepted tge jobmiffer on that basis. Now they are varying the contract terms.
Not sure what he can do about it legally. Give ACAS a call.
His other isue is that £12 is not minimum wage at 18 - he needs to ensure that it is in his statement of particulars that it will rise to this level on his 18th birthday.

Original poster

XmasEveshopper · 24/02/2025 08:33

Thanks I’ll call ACAS and see what they say. They’re mulling it over and ultimately it’s their decision whether to take it or not but I don’t think they would have applied for it at that wage as there are supermarket and cafe jobs paying more. It’s just a shame as they took the time (&expense) to qualify in this area to get a better paid job. Good point to make sure the increase is also specified as that’s not mentioned in the contract either.

OP posts:

Velmy · 24/02/2025 09:43

ByQuaintAzureWasp · 24/02/2025 07:58

I would say it's breach of contract not discrimination. They offered him a job, stating the pay was £12 per hour, which was as per the job advert - he accepted tge jobmiffer on that basis. Now they are varying the contract terms.
Not sure what he can do about it legally. Give ACAS a call.
His other isue is that £12 is not minimum wage at 18 - he needs to ensure that it is in his statement of particulars that it will rise to this level on his 18th birthday.

Edited

OP said the contract offered was for £7.90ph and that they're still deciding if they will accept the job or not.

A contract that hasn't been formed can't be breached.

I wish people would stop treating the Legal Matters board like the rest of MumsNet. OP is looking for legal guidance, not "Well I think..."

nepobaby · 24/02/2025 09:56

ByQuaintAzureWasp · 24/02/2025 07:58

I would say it's breach of contract not discrimination. They offered him a job, stating the pay was £12 per hour, which was as per the job advert - he accepted tge jobmiffer on that basis. Now they are varying the contract terms.
Not sure what he can do about it legally. Give ACAS a call.
His other isue is that £12 is not minimum wage at 18 - he needs to ensure that it is in his statement of particulars that it will rise to this level on his 18th birthday.

Edited

It's not a breach of contract, as the contract states clearly the pay is £7.20 or whatever it was.

It's perfectly legal. Morally not great, yes, but NMW for under 18s is £7. Prospective jobs are not going to offer the salary or pay by hour online for an under 18 employee as it doesn't look great, and most applications for any jobs are for over 18. So I can see why they advertised it as £12ph, because it was probably catering for over 18.

It's morally not great, but the company haven't done anything illegal. Jobs for under 18s are never going to be well paid.

nepobaby · 24/02/2025 09:57

In fact they're over NMW as it's £6.40ph for under 18s. So no, they haven't done anything wrong and they're offering above NMW.

ByQuaintAzureWasp · 24/02/2025 10:02

Velmy · 24/02/2025 09:43

OP said the contract offered was for £7.90ph and that they're still deciding if they will accept the job or not.

A contract that hasn't been formed can't be breached.

I wish people would stop treating the Legal Matters board like the rest of MumsNet. OP is looking for legal guidance, not "Well I think..."

Show quote history

Apology. I misread. You are correct, contract not formed until offer and offer was not £12 ph. If they accept though they need the £12 per hour at 18 in the contract to protect them against a change in employer's stance.
Sorry op!

Ihateslugs · 24/02/2025 10:46

How old is your son? If only a few weeks off being 18, then it might be worth taking the job at the under 18 rate as he will soon be earning the amount he originally expected.

Original poster

XmasEveshopper · 24/02/2025 15:13

Thanks for all the input. DC not 18 for another 7 months so any extra hours over the summer would still be at the lower rate. Interestingly the corporate website says all their staff are paid the real living wage “As a staff owned business we ensure all our people are paid the Real Living Wage and in 2023 were awarded with Investors in People Gold status, whilst offering a range of meaningful careers and training for everyone in our local communities. We manage over 375 facilities across England, Wales and Northern Ireland” - For such a large organisation they really should have a bit more clarity over what they’re doing. Thanks again for the help

OP posts:

mrsm43s · 24/02/2025 15:23

Better Leisure? Presumably a lifeguard job or similar at the local leisure centre?

I think I'd take it as there aren't going to be very many openings for part time term time life guarding that fits alongside school hours.

It'll be a useful skill to have later in life through student years etc, and probably excellent if he fancies doing something like Camp America.