Apprenticeship Pay, No Contract & Long Hours.

A question about : Apprenticeship Pay, No Contract & Long Hours.

I was wondering if anyone could advise what to do in this scenario.
Posting on behalf of a friend

They started work as an apprentice chef in July this year for an independent restaurant inside a hotel.

They get paid below national minimal wage because they are an apprentice, and under 21 so not applicable at present. It's approx Ј2.60ph if i remember. (based on 37.5 working hours per week)

The problem that's happening now is originally they were hired to work 40 hours per week.
They still haven't been given a contract yet, but sometimes when it's busy they're being told they need to work up to 60 hours per week for no extra pay.
They say they're salaried and get the same money per week, regardless of hours.

Now i know the above is illegal if the extra hours bring you below NMW, but how does this work if NMW doesn't apply due to an apprenticeship?

I've told them to request a written copy of their contract but even if it does state things as they should be paid hourly, how would they be able to enforce this without risking their job?

As i understand it, they either work very long hours for peanuts and don't have a social life and keep quiet about it, or get their contract, speak up for their rights and risk losing their job as they've not been there longer than 2 years.

Any opinions or suggestions welcomed.

Best answers:

• do they have a mentor? Have they spoken to that person?
  Employment rights are different or apprentices than for other employees, however, the working time directive applies.
  Take a look at the ACAC pages relating to apprenticeships, and suggest that your friend speak to their mentor if they have one, and of not, that the contact ACAS in the first instance.
  https://www.acas.org.uk/index.aspx?articleid=3816
  have they made a written request to their manager for a copy of their contract, and clarification about the hours required?
• I would leave it and find a different job ..
  its unsociable hours ...I worked in the catering business its crap
  get out before its too late and you get brainwashed.....
• They need to speak to their mentor, when one of my girls started an apprenticeship 5 years ago she was expected to work an extra 10 hours a week overtime which everyone got overtime rate of pay and she was just on her normal pay...she got nowhere herself in speaking to her manager so enlisted the help of her mentor at college who negotiated normal overtime pay for those hours.....
• NMW does apply. It's just that the NMW rate is different for apprenticeships.
  https://www.gov.uk/national-minimum-wage-rates
• Not necessarily - apprenticeship contracts are different from normal employment contracts - it can be harder to sack, or make redundant, an apprentice.
• The Mentors get by by bending the rules and ignoring concerns.
  They are on a mission to produce results.
  In the 80's they called these Youth opportunities, now they call them "apprenticeships" .
  The only difference is in real terms the wage would be Ј4.70 an hours based on the Ј30 a week of the 80's
• Just to update on this after i checked with them and passed on the comments.
  They don't have a "mentor" as of yet.
  They're just working in the kitchen, full time and no one has came from college to see them yet.
  They've been working there since June/July 2014 and they keep being told someone from college will be in to see them and the date is always "soon"
  They've requested a copy of their contract as well from their manager twice now but their manager has told them the people who can do this were off on annual leave at first and now they're too busy to do it but it'll get done "soon"
  My friend is worried that if they refuse to work the unpaid OT, or start pushing for their contract too much they will be sacked and might not be eligible for JSA. But at the same time doesn't want things to continue the way they are either.
  Any other suggestions or advice?
  Quote:
• I'm an assessor/verifier and have been doing it for years, and it never fails to amaze me just how horrible some employers treat their apprentices. They see them as cheap labour.
  For a start, they need to check that they really are an apprentice. Has an apprenticeship agreement been signed? It appears that one has not if they have not been issued an assessor or been on day release to college.
  They should have had a contract before being able to be signed up to an apprenticeship, so something else that tells me they are not officially an apprentice.
  It appears the employer is very unscrupulous in what they are doing. Employing someone for what appears to be about Ј1.70ph is breaking so many rules, even if they are an apprentice.
  From ACAS
  Quote:
• I'd also be giving the NMW helpline a ring and dropping this employer in it. Nice big fine and the bad press should hopefully stop them doing it again!
• From what you've said there is no apprenticeship then. I bet the local providers don't even know they exist.
  I would definitely suggest calling the NMW helpline. Is the hotel privately owned or a chain? If a chain a call to head office to let them know what is happening might be good as well. I think the wages can be backdated to when they started but again not my area of expertise.
  They need to assert themselves and tell them they want NMW for the work they are doing, if they get fired I'm sure they can raise a tribunal as even though they have not been there for 2 years they are standing up for a statutory right so the 2 year rule does not apply.
  I would also be tempted to call the local papers to let them know what sort of employer they are, but it depends how far your friend wants to take it.
  The employer is just preying on the naiivety of a young person thinking they can get away with it.
  I'm glad they have found something that they enjoy doing, not many young people know at that age, but this should not let them be put off from a career in catering if that's what they want, there are plenty of decent employers out there who will do things properly.
  Is your friend the only 'apprentice' or are there others? It would add more weight if they were to stand up to the employer together, and if they all walk out because of it , it would land them right in the dung as they would have no chefs!
  From gov.uk
  Quote:
• If you friend needs help in asserting their rights then the CAB could help him both communicate with the company and gain payment at the MMW. His problem will be finding alternative employment but no-one should be exploited in this way.
• Is there any update on this?
  It being valentines weekend I'm sure your friend was working, just wondered if they said anything to their employer.