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MINIMUM WAGE DECISION

26th August 2014
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A riding school has lost an appeal against a legal case decision after three apprentices complained they were not paid the national minimum wage.

Apprentices Jessica Wood, Rebecca Ledbury and Jennie Carter complained to Her Majesty's Revenue and Customs (HMRC) that they were not being paid as much as they were entitled to by employers of Skilts Farm Stables, of Gorcott Hill, Boeley, Redditch and at its Solihull site.

They took their legal claim to Birmingham Employment Tribunal which found in their favour at a previous hearing.
The awards are to be announced later.

In the meantime Skilts Farm Stables appealed against the decision and at the latest hearing questioned whether the three apprentices had worked the hours they claimed. Now tribunal judge Miss Mary Cocks has rejected the appeal following a two day hearing.

Miss Cocks said she had been told the apprentices earned about £100 a week and that one employee had sent a letter to the management complaining about underpayments to the three apprentices.

She said she accepted the latest evidence that the apprentices were not being paid the wages they were entitled to. “Jennie Carter did not get quite so much because she kept her horse at the stables,” said Miss Cocks. “One of the apprentices was accused of taking two to three hour lunch breaks which she denied, while another said she had time only to eat a chocolate bar.

“The apprentices had to make up for the hours they lost and I preferred their evidence to that of the employer.”
Miss Cocks said it appeared the apprentices’ boss did not make frequent visits to the areas where the apprentices worked and may not have been fully aware of the hours worked.

Mr Tariq Sadiq who represented HMRC on behalf of the apprentices and who opposed the employer’s appeal, said he would be considering making a costs claim against Skilts Farm Stables. “The firm’s appeal was unreasonable because they had no prospects of winning their case,” he said.

The BGA urges employers to ensure that they do pay their staff at least the National Minimum Wage, it is a legal requirement and if found guilty the penalty can be harsh. To learn more about why it is crucial to pay the minimum wage, visit the Employers Zone.



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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