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Apprentice being asked for money back

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  • Apprentice being asked for money back

    Hello sorry if this has been covered or I'm in the wrong part but my lass is an Apprentice and her work is trying to get her to pay money back if she dosent compleat it or dosent stay for a period of time after qualified. Can they do this ?
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  • #2
    Hi yes you are in the correct part of the forum

    Can I just ask some questions to get a bit more information which will help me to answer your question:

    How long has your daughter been an apprentice?
    Is her apprenticeship direct with the company for which they are getting government funding for running an apprenticeship scheme?
    What specific training do they want to cover by getting her to pay money back if she leaves before a certain period after qualification?

    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


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    • #3
      Thank you, I will try and give you as much information as possible!

      ​​​​​​My girlfriend started her apprenticeship in march 2017 and her parents were made so sign a contract stating that if she left she has to pay the company back the 10% that they had to provide. The government provided the 90%.
      She is on a modern apprenticeship studying the hair professional qualification. We are both unsure whether the company receive funding for her training. The apprenticeship is through a college apprenticeship programme in which she goes to college once a month.
      The money that they are asking for back is what they had to pay to start the apprenticeship.
      Also she has been having her hours dropped to below the minimum apprentice hours and not been recieving in house training that were both signed for that she would recieve.
      Her employment contract states shat the company can change her hours as and when however the apprenticeship contract states that she has to work a minimum of 30 hours.
      What are your thoughts on this please. And are they allowed to do this.

      Thank you for your help

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      • #4
        For apprentices that started before 1 April 2019 the employer contributes 10% towards the cost of training and assessing the apprentice and the Government pays the rest (90%) assuming they do not pay the levy. This rate will continue until the apprentice completes their training. It seems from what you have said the company is looking for the repayment of their 10% contribution. If a contract was signed that this needed repayment if your girlfriend left prior to the end of the apprenticeship or for a period of time after, likely in this latter case to be on a sliding scale, then that is binding, probably on her parents if they were the ones to sign the contract.

        The employer has an obligation, for which they are getting government funding, to ensure that it complies with the minimum duration of each apprenticeship based on the apprentice working 30 hours a week or more, including any off-the-job training. Therefore, in my opinion even if the employment contract gives them the right to vary your girlfriend’s hours they cannot do this below the 30 hours per week.

        Hope that helps.
        I do my best to provide good practical advice, however I do so without liability.
        If you have any doubts then do please seek professional legal advice.


        You can’t always stop the waves but you can learn to surf.

        You are braver than you believe, smarter than you think and stronger than you seem.



        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Comment

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