BGA Reveals High Rates of Illegal Employment
The British Groom’s Association (BGA) has revealed a staggering 94% of working pupils are employed illegally.
The BGA’s finding leaves both employers and working pupils exposed to consequences. Employers could be receiving large fines, whilst working pupils may suffer from loss of jobs. This finding may also be detrimental to the amount working pupil opportunities within the industry.
Findings were drawn from the BGA’s recent survey, which looked at working practices. It was uncovered that 76% of working pupils do not have a written Contract of Employment, 75% don’t get paid annual leave, and only 29% receive the National Minimum Wage they are entitled to.
Within the equestrian industry, it is known for the term ‘working pupil’ to apply to those who work full-time, completing yard duties, in return for tuition. It created a unique opportunity for the pupil and cut costs to the employer. However, this arrangement is illegal.
Specialist Employment Law Solicitor, Nicole Adams, explained;
There is no employment or legal status associated with the term “working pupil” and it would not be identified as such in any Employment Tribunal. As an employer, if you decide to take on an individual who will be working and training, they are likely to be an employee of yours and should be treated as such. It is imperative that the employee is paid at least the NMW for the hours that they work.”
However, the finding of the BGA survey did reveal a more encouraging practice from employment under Apprenticeships, registered with training providers. The survey found 84% had a Written Statement of Terms, 68% received paid holiday, and 66% received National Minimum Wage. However, results have identified there are still area for huge improvement required to make the industry a fair, working environment.
On the matter, Representative of the Equestrian Employers Association, Lucy Katan, expressed;
Although a rider/employer would like to take someone under their wing and give them an exceptional opportunity to train and learn, often such arrangements are not legally compliant.
If you are looking at giving an employee additional training an alternative avenue to explore could be an apprenticeship through an approved training provider. This provides structure, is a recognised legal term, and also gives added protection for the employer.”
The BGA hope to put actions to resolve this situation in place. Currently, the Equestrian Employers Association are offering advice to employers regarding the issues raised, whilst the BGA continually support equestrian industry employees.
