Expert advice from national hairdressers' federation

Ray Seymour, general secretary of the National Hairdressers' Federation answers your questions "How can I employ apprentices under the age discrimination legislation as I believe it is illegal to ask a person's age? I can't afford to pay the National Minimum Wage (NMW) and meet the training costs." From 1 October the Employment Equality (Age) Regulations 2006 prohibit unjustified direct and indirect age discrimination, and all harassment and victimisation on grounds of age, whether against the young or old. Effectively it:

• bans any discriminatory procedures in recruitment on the grounds of age, at any age, not only older workers
• outlaws age-related harassment in the workplace on the lines of current gender equality legislation
• outlaws workplace benefits that are age-related (which could be bad news for some older workers)
• sets a default retirement age of 65, thereby outlawing arbitrary earlier retirement ages. This does not prevent a person electing to retire early.

While you may not select your employees on the grounds of age there is no restriction on where or how you advertise the vacancy. This means you could advertise in the media that school leavers would read and that might attract young applicants. However, if another reader saw the advert and applied for the job then you would have to consider them for the position using non-discriminatory criteria. If you select future apprentices by way of an age criteria, for example, they must not be older than 18, then this would be discriminatory and actionable through the Employment Tribunal. Should the claimant establish a provisional prima facie case, then the onus is on you to prove your innocence. Should the complaint be sustained there is no limit on the amount that may be awarded to the claimant by the Employment Tribunal. There are exemptions from the NMW for apprentices, and those deemed to be apprentices because they are on certain government-funded training programmes. The exemption covers all apprentices under 18, until their 19th birthday or, for older apprentices, the first year of their employment. Once the exemption has expired the NMW must be paid. Under current regulations there is nothing to stop you having a 60-year-old apprentice."What should I do when I employ somebody who lives in the EU rather than in the UK?" You need to treat all job applicants equally, whether they are resident in this country or not. To apply procedures or criteria to individuals according to their nationality or ethnic origin would be a form of discrimination actionable in an Employment Tribunal. Equally, it is against the law to employ illegal immigrants, punishable by a fine of up to £5,000. To establish any applicant's right to work in this country you need to photocopy one of the following original documents and keep it in your personnel files:

• passport
• official documents showing EU or Swiss nationality
• UK residency permit
• other official documents issued by the Home Office, but check for validity as there are many forgeries in existence.

Alternatively, you can photocopy and keep any two of the following original documents:

• P45 or P60
• document with name and NI number
• UK, Channel Islands or Isle of Man birth certificate
• UK certificate of naturalisation
• certain Home Office documents, but again check their validity.

You should do this for all prospective employees, not just those who you think may be coming from one of the EU countries. "We sell straighteners and dryers to our clients. Recently a client returned some hair straighteners, which I sent back to the manufacturer for replacement. However, the company advised me the product had been misused and will only repair it if I pay. The client bought the straighteners just over three months ago and is demanding a replacement. Where do I stand on this?" This is covered by the Sale of Goods Act that covers implied terms, misrepresentation, unfair terms and consumer protections from the UK and EU. This states that goods must be:

• fit for purpose
• of satisfactory quality
• match their description.

If the goods fail to meet these criteria, then, as the supplier of goods, you have an obligation to sort it out. The supplier has similar rights against suppliers and this continues up the chain to the manufacturer. This protection applies only in respect of defective goods, not to goods that have been misused. Where goods have been misused, the cost of replacement or repair lies with the consumer. Where the consumer seeks a refund because goods are defective, the request must be made without delay. If repair or replacement is requested in the first six months it is presumed the product was defective, unless it is one that is deemed to have a short life. General guidance can be obtained from the DTi website