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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48798
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi, I am advertising an apprentice job at £130 per week. A

Resolved Question:

Hi, I am advertising an apprentice job at £130 per week. A middle aged lady has applied for the job and wants it and doesnt care about the money. Am I able to employ her for the same money ? That is all we can afford at the moment.
If we can, what happens if she is claiming benefits ?
Dave
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How many hours is the job for?

Customer:

Hi Ben

Customer:

38 hours

Ben Jones :

Hi, if you are planning on taking someone on as an apprentice, you can do so regardless of how old the person is and the fact that she is middle aged would not make a difference. However, as an apprentice she will still have certain rights to receive a minimum wage and as an apprentice who is aged 19 and over she will be entitled to receive at least the National Minimum Wage for workers aged 21 and over, which at present is £6.31 an hour. If the job you are advertising is for 38 hours a week then you must pay her at least that and this works out at £239.78 per week. You are not able to pay her the £130 you have proposed and this would only be possible if the apprentice you take on is aged between 16 and 19, in which case you can pay them the minimum apprenticeship rate of £2.68 an hour. The fact she may be receiving benefits will not affect her right to the minimum wage rates stated above.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks

Customer:

Hi Ben

Customer:

I knew the Minimum Wage law but I wanted to know if we could employ the lady at the advertised rate. We have since been advised by the training company that anybody can be paid the £131 as it was advertised as an apprenticeship. There is no age restriction for apprentices, so the answer was, yes we are legally allowed to employ her at that wage. We would feel very uncomfortable but that is all we can afford and she would like the job. Thanks for your help Dave

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