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Employers be aware warns fined livery owner

 

Eileen Beresford is a 66 year old widow of a dairy farmer, and has been running her own livery business for approximately twenty five years.

She is one of the employers that has appeared on the HMRC’s recent list of employers who have been fined for non-compliance with National Minimum Wage (NMW) legislation.

Following our Facebook post today, Eileen contacted the BGA and asked if she could tell her story to help other equestrian employers be aware of the critical importance of complying with NMW rates.

The BGA recognises that mistakes, however unintended can happen, and in many cases are a genuine error. More often than not it is due to a lack of understanding and awareness of the changing NMW rates. There were some mighty big name companies with high numbers of employees and large HR departments that have also been caught out on the Governments released list; so getting it right is clearly not always straight forward.

However, for employers that purposely flout he law, the simple message is please be aware! You are putting your business at risk and the HMRC are getting tougher on tax evasion and clearly the eyes are on the equestrian industry.

The BGA Employer Zone gives those that employ staff the support and guidance to ensure that mistakes don’t happen. For just £29.50 per annum, it could be the best money your business has ever spent. 

Elileen is a good employer who made a mistake. There are no excuses as far as the HMRC are concerned, but we at the BGA applaud her for contacting us and sharing her story to help raise the awareness for all equestrian employers:

“My longest serving employee had been with me for 20 years, and the others well over 7 years. We run a professional yard and I have put all my staff through their BHS exams. We are BHS approved and have scored very highly in their inspections.

I have always treated my staff well, and I do not believe in relying on people's love of horses as an excuse to exploit them in the workplace.

In answer to my under payment of one member of staff I can only apologise as I have done profusely to her and her parents. It was a genuine clerical mistake.

She had been on an apprenticeship and when it completed, she asked to stay on with us. My head girl and my part time secretary confirmed the details of the arrangement at the same pay level and with some reduced weekly hours.

I agreed to the terms and was totally unaware I was doing anything wrong. I was unfortunately not aware that as she was no longer on an Apprenticeship, the level of her NMW rate had increased.

I was truly horrified to be visited by the HMRC officials.

They went through everything with a fine tooth comb only finding this one oversight which had occurred for one year before she left us.

I would strongly urge all employers to be very aware of Government guidelines regarding NMW and even if apprentices ask to stay to finish their folders, please be VERY careful what you agree to.”

The BGA are keen to work with employers and grooms alike and to assist where possible to ensure no other employers find themselves in situations like Eileen.



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What the personal accident policy covers you for:

  • Whilst at work
  • All stable duties – mucking out, grooming, washing off, turning out
  • Clipping
  • Riding – including hacking and jumping
  • Hunting
  • Lunging
  • Breaking in
  • Holding horse for a vet and other procedures
  • Travelling horses both in the UK and abroad
  • Competing in line with your job including: jumping, dressage, eventing
  • Injuries that may happen to you whilst you are teaching - but you must also be grooming as part of your duties and not be a sole instructor

What the personal accident policy doesn’t cover you for:

  • Riding in a race, point to point or team chase
  • Stunt Riding
  • Accidents occurring whilst travelling to and from work
  • Riding and competing your own horse (but you can upgrade when applying for membership to include this)
  • Public Liability – this is a separate insurance policy - the Freelance Groom Liability Insurance
  • Care Custody and Control – this is a separate policy - the Freelance Groom Liability Insurance

If you require additional cover then please contact KBIS directly.

   GROOM  RIDER  EMPLOYER

When you are working for other people you do most of the following; muck out, turn out/catch in, tack up, groom horses, exercise Horses (including hacking, jumping and schooling), in the care of your employer/client.

 
YES

 
NO

 
NO

Predominantly ride horses for other people including schooling, exercising and competing.   
NO
 
YES

YES
 Provide grooming services for someone else either full time or on a freelance basis i.e. an employer or a client.   
YES

NO

NO
Employ staff – have an employers liability policy in your name NO NO YES
Buy and sell horses NO YES YES