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Graham Jones
Member - 9 posts
Advice req please.
I have a worker who is approaching 65 and workers aged from 30 to 60.
The majority of staff are part time and contracted to work different hrs throughout the week.
The 65 yr old has a contract as a 'Casual' worker on a lower rate of pay to work as req, (which usually requires him to work 30 to 38 hrs a week).
All the staff cary out the same work.
Am I discriminating against the 65 yr old on pay??
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Graham Jones
Member - 9 posts
Dear Brian
Thanks for your comment however is it not the case that persons 'on call' from home, have a similar issue i.e.being on call, is, being detrimental to family life, especially when you are restricted in your drinking, youre family are disturbed by the phone call in the middle of the night and restrictions in the distance you have to be away from your mode of transport,if called in.
I dont know if you will be able to answer this but an employer indicated to me recently that a ruiling has been made where the 'at home' issue of being on call and not being paid the minimum wage has been upheld regarding the 'standby' rate of pay, in that it was below the minimum wage and the employer has now to consider paying the mimimum wage for on call time for his employees whilst on call at home.
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Graham Jones
Member - 9 posts
Can somebody please advise me:-
I have a colleague who is approaching 65 and at the moment is on a part time contract for 12 hrs pay per week.
The employer is stating that at 65 they no longer will give him a contract and he will be termed 'casual',i.e brought in as and when required.
Is this legal? Or age discrimination?
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Graham Jones
Member - 9 posts
Chez.
It might sound daft but have you contacted the H & S rep for the University? That person should be able to assist in assessing the ocupancy rating for the common room dependant on the use you wish to put it to i,e, dancing,dining etc.
Alternativly your local Fire Safety officer at the fire station nearest to you will assist as will the local Building control officer at the local council.
P.S Dont forget to ensure the Means of Escape are readily available for the numbers of people in the area.
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Graham Jones
Member - 9 posts
Dear Ciaron
Are we talking of people who have to stay at there place of work 'on call' or people who can go home and still be 'on call' above there normal hours of work?
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Graham Jones
Member - 9 posts
Hi Chris
In my opinion no. A School, private or state is a place of work and therefore requires a Risk Assessment under the Fire precautions (Workplace) (Amendement) Regulations 1999 these regulations came into force on the first of December 1999.
There a few exceptions however scools are not one of them.
I would be interested to know why you thought there may have been??
Hope this has helped
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Graham Jones
Member - 9 posts
I hope to complete a set of assessments shortly could you send me a set of assessment sheets to review.
Many thanks
graham@gpjones.worldonline.co.uk
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