Equal Pay for Equal Work

#1
I know we have a number of employers on here and was hoping someone could give me their understanding of the minimum wage and any correlation to equal pay for equal work.

My daughter has justed started work, she is under 21 meaning her minimum wage is £5.90/hour. The minimum age for 21+ is £7.38/hour.

If she is doing the same job as someone 21 or older should she be receiving the same rate as them, which will be at least £7.38/hour?
 
#2
We employ over and under 21 doing the same types of job. Both groups get the same rate (NLW) purely as a morale boost, but I’m not aware of any legal requirement to do so.

MB
 
#3
The Equality Act 2010 provides the equal pay for equal work.

Because the minimum wage is only a minimum and means workers can be paid more, I’m under the assumption that anyone under 21 who does the same job (with the same company) as someone 21+ that they should both be paid the same (a minimum of £7.38/hour).

This is at best an educated guess and I wondered how employers treated both issues.
 
#4
Because the minimum wage is only a minimum and means workers can be paid more, I’m under the assumption that anyone under 21 who does the same job (with the same company) as someone 21+ that they should both be paid the same (a minimum of £7.38/hour).
Do they have the same job title?
 
#5
Yes, it’s just a manual labour work prior to her going to Uni, she’s working on a production line in a cake factory.

As an aside, equal work for equal pay does not have to have the same job title to be in effect.
 
#6
In the UK, most workers over the age of 16 are entitled to be paid a national minimum hourly wage. The law sets out that different rates of national minimum wage are payable depending on your age, up to the age of 21. All workers aged 21 and over are paid the same amount of minimum wage.

An employer can base their pay structure for young workers aged 16 to 21 on the national minimum wage pay bands set out in the law. This is not unlawful age discrimination.
What doesn't count as age discrimination at work?

I was just curious about the title, however its pretty clear to me under 21's are on their own pay scale. Employment lawyer is a possibility if you want to 100% check but if it was me I wouldn't bother.
 
#7
I know we have a number of employers on here and was hoping someone could give me their understanding of the minimum wage and any correlation to equal pay for equal work.

My daughter has justed started work, she is under 21 meaning her minimum wage is £5.90/hour. The minimum age for 21+ is £7.38/hour.

If she is doing the same job as someone 21 or older should she be receiving the same rate as them, which will be at least £7.38/hour?
Experience is deemed a factor. Here you go:

The use of length of service criteria lasting longer than five years for all types of employment benefits is lawful under the age regulations if:
  • awarding or increasing the benefit is meant to reflect the higher level of experience of an employee, to reward loyalty, or to increase or maintain the motivation of the employee; and
  • the employer has reasonable grounds for concluding that using length of service in this way fulfils a business need of their undertaking (meaning their company or organisation).
 
#8
#9
Experience is deemed a factor. Here you go:

The use of length of service criteria lasting longer than five years for all types of employment benefits is lawful under the age regulations if:
  • awarding or increasing the benefit is meant to reflect the higher level of experience of an employee, to reward loyalty, or to increase or maintain the motivation of the employee; and
  • the employer has reasonable grounds for concluding that using length of service in this way fulfils a business need of their undertaking (meaning their company or organisation).
She started at the same time as others 21+.
 
#10
She started at the same time as others 21+.
I suppose if they can prove there's a business need. I believe the Government's stance is that not allowing businesses to pay a lower wage to U21's would increase youth unemployment, so the disparity in wages is tolerated. Shît, but there you go.

If length of service is not a factor, maybe worth challenging?
 
#12
I suppose if they can prove there's a business need. I believe the Government's stance is that not allowing businesses to pay a lower wage to U21's would increase youth unemployment, so the disparity in wages is tolerated. Shît, but there you go.
I’m not moaning about it, just trying to find out what the reality of it is. The law is not very clear on this aspect.
 
#15
It seems a conflict of two pieces of legislation that needs to be resolved. I couldn’t find any case law on the matter.
 
#16
The minimum wage by age criteria for under 21s is the legal standard which is applied. Some employers are more generous but most aren't. The wages for apprentices are even worse! Equal pay for equal work doesn't apply for under 21s.
 
#17
It seems a conflict of two pieces of legislation that needs to be resolved. I couldn’t find any case law on the matter.
Yes, it seems that anyone under the National Living Wage can be paid the minimum that they are owed under the Minimum Wage.

Young people are not the best demographic for challenging things in court, so that probably accounts for the lack of case law.
 
#18
#19
The minimum wage by age criteria for under 21s is the legal standard which is applied. Some employers are more generous but most aren't. The wages for apprentices are even worse! Equal pay for equal work doesn't apply for under 21s.
Where is this legal standard?
 
#20

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