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The Truth Behind Working Pupils

14th March 2019
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Only 6% of working pupils are legally employed.

A recent survey has uncovered that a staggering 94% of ‘working pupils’ are illegally employed, leaving both parties extremely exposed and the employer at risk of a fine.

The survey, which looked at working practices for those employees receiving on the job training, 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.

Historically the equestrian industry created the term 'working pupil' to cover someone who worked full time on the yard in return for their tuition – creating a unique opportunity to receive training with minimal cost to the employer. However this arrangement is actually illegal.

Nicole Adams, a Solicitor specialising in employment law at Clarke Willmott LLP says, “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.”

The survey, conducted by the British Grooms Association, found that in contrast, employment terms for Apprentices, registered with a training provider, were more encouraging with 84% having a Written Statement of Terms, 68% receiving paid holiday and 66% receiving the National Minimum Wage.

Lucy Katan, from the Equestrian Employers Association explains, “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.”

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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