Change of contract

[psychojuice]

Hi can anyone offer me advice?

I applied to my employer for a job and got it. I recieved my contract and was happy with it so I accepted the job.

Come the first day my manager informs me that I have to undertake an apprenticeship to keep my job and forces me to sign an apprenticeship agreement.

I failed my apprenticeship and I'm now being told that they are using the apprenticeship agreement to sack me.

I explained that I my contract of employment was the initial contract I recieved and that I never applied for a job to undertake an apprenticeship!

However my employer stated because I signed the apprenticeship agreement, I agreed to the terms, which we that if don't pass the apprenticeship I will be sacked.

I would never have accepted this job if i had i would be made to do an apprenticeship!

So my question is, can my employer use the apprenticeship agreement against me, over my original contract of employment?

Thanks in advance

[psychojuice]

Anyone?

[james_law]

Was the apprenticeship mentioned in the interview?
Was the apprenticeship mentioned in the contract?
Why did you sign the apprenticeship if you had not taken the job to do an apprenticeship?
How did he force you to sign the apprenticeship?

[psychojuice]

No it wasn't mentioned in interview (or job advert)

No it was not mentioned in the contract

I signed the app agreement because on day one of my job my manager told me that the training for the role had changed and i had become an apprentice. I had two options, leave the job and sign on, or accept it. I needed the work so I signed the agreement.

I was forced to sign the agreement because without it I would not have been allowed on the course and without the course I would be without a job! So I had no choice.

[2222]

The employer discovered that he could get lots of subsidy for having an apprentice, I suppose.

How long have you been in the job?

[psychojuice]

The employer discovered that he could get lots of subsidy for having an apprentice, I suppose.

How long have you been in the job?

under two years.

Can anyone else help Ula mariefab

[james_law]

No it wasn't mentioned in interview (or job advert)

No it was not mentioned in the contract

I signed the app agreement because on day one of my job my manager told me that the training for the role had changed and i had become an apprentice. I had two options, leave the job and sign on, or accept it. I needed the work so I signed the agreement.

I was forced to sign the agreement because without it I would not have been allowed on the course and without the course I would be without a job! So I had no choice.

Well there is only two options, your employer has realised he gets subsidies for an apprentice or that your not qualified to do the job. (so you need extra training)

You still had a choice and I cant see that ever amounting to you being forced to sign. You could have said no at the time and not say after you have failed the course.

However, you signed and you passing the course would be paramount to keeping your job and you have not succeeded in passing.

I cant personally see any course of action from this to be honest. I would definitely wait for more experienced advice as I'm a law student and not a practising legal professional. (I could be wrong).

[ULA]

You are in a difficult situation as you have less than 2 years service you can be fairly dismissed unless it fits the limited criteria for being an automatic unfair dismissal even without the length of service.

Did you sign the original contract? Did the terms of the apprenticeship agreement have precedent over the contract?

[psychojuice]

Ula yes I did sign the original contract. I can't see anywhere where the apprenticeship agreement has presedence over the original contract! I guess I am.going to have to take it.to an ET

[2222]

Ula yes I did sign the original contract. I can't see anywhere where the apprenticeship agreement has presedence over the original contract! I guess I am.going to have to take it.to an ET

But, can you go to an ET with under two years' service?

[ULA]

I appreciate that the circumstances around your contract changed on the first day that you arrived at work but ultimately you signed and agreed to the terms of the apprenticeship agreement. Unfortunately with less than 2 years' service you can be fairly dismissed without your employer giving any reason, in this case they have stated the reason as being the failure to pass the apprenticeship which was a contractual term in the agreement.

Unless you can demonstrate that you meet the criteria for an automatic unfair dismissal claim then it is unlikely you would be able to proceed with an ET case.