Witholding wages and reducing holiday as an apprentice

[Worker101]

Newly signed up to get advice on behalf of my adult child: Their employer is attempting to recategorise a government‑recognised apprenticeship off-the job training day as “part‑time” to justify wage and holiday reductions. This has cause real financial detriment, unlawful deduction of wages and holiday underpayment risk : the apprentice’s off‑the‑job training day is mandated by the apprenticeship agreement, all the other apprenticeship in his group are paid full‑time, and the contract shown to the university records full‑time status while an off‑book amended contract is being used internally. Where does he stand he has asked to received his back-dated pay and that his holiday normalised as a full-time employee. His employee has announced today he will "fight" it. Does he have any grounds to continue to withold/underpay and reduce holiday entitlement? Thank you

[ULA]

I have some questions before I can advise on your child's situation:

Does your child have an apprenticeship agreement in place?

When did they start their apprenticeship?

How many hours of week is your child working?

How many hours of training is being undertaken?

When the employer decide that effectively they were not going to pay them for their training day?

[Worker101]

I have some questions before I can advise on your child's situation:

Does your child have an apprenticeship agreement in place?

When did they start their apprenticeship?

How many hours of week is your child working?

How many hours of training is being undertaken?

When the employer decide that effectively they were not going to pay them for their training day?

Yes, they have an apprenticeship agreement which was signed by them, the employer and the provider
Starter October 2025
Works 40 hours/week (5 days/week, including training day)
Off-job-training (one day) at the university
Has not been paid for the training day from the outset, and has reduced the statutory holiday to part-time

[Worker101]

ULA do you have any advice please?

[ULA]

Sorry Worker101 I am only just online again. Those of use advising on LB are volunteers.

Your child's employer cannot reclassify the training time to avoid paying salary for the training day or reducing holiday entitlement.

The training day is mandated for the apprenticeship agreement to be valid.

What they are doing could amount to the following:

Unlawful deduction of wages
Breach of contract
Breach of apprenticeship agreement
Possibly failure to meet ESFA funding rules depending on what government funding is being given to the employer.

Effectively your child has a claim at the Employment Tribunal (ET) for unlawful deduction of wages. If the deduction has been each day of the week when training has been attended since Oct 2025 with no gap of more than 3 months between deductions, then this counts as a series of deductions and any claim would need to be made within 3 months less a day of the last deduction. To make a claim they would need to start Early Conciliation (EC) via ACAS.

However before going down that route, if deductions are still be made, then the first approach may be a formal grievance.

[Worker101]

Thank you ULA - that is clear. The employer is pleading poverty and is now trying to find a loophole to not pay up. My child has asked when will the shortfall be paid to him. Apparently they have HR support who advised they need to pay and reinstate the contractual and apprenticeship terms but he disagrees with the advice.

[ULA]

Well hopefully if your child raises it formally and the employer speaks with HR support then they will reiterate that he should reinstate everything going forward and pay what is owed.

Keep an eye on those time limits though for bringing a claim if nothing is resolved.

The other things to be mindful of is the employer may reinstate going forward and then delay repaying what is owed. In which case the time limit to start EC is 3 months less a day from the last deduction but don't leave it that long.

Any more issues please just post up on this thread.

[Worker101]

ULA , not sure how to respond, but the latest from the employer sent a letter, which they are conceding the point, but they want to separate the payment and impose a lower apprenticeship wage rate for the day they are receiving training.

Also, they ambushed them and openly threatened redundancy unless they sign a new contract, which will allow them not to pay on the day they are out of the office.

[ULA]

So I would presume that your son is under an Apprenticeship Agreement rather a Contract of Apprenticeship. If that is the case redundancy can occur if there is a genuine redundancy situation and they follow a fair process. They would have to prove even if it was to cut costs that additionally they genuinely has no further need for the role.

I presume that on the days he is actually working his hourly rate is at least at the national living wage which they are proposing he still continues on and then on training day he is paid the apprenticeship rate?

Have either of your spoken with the provider who signed the agreement?

Is there any opportunity for your son to move his apprenticeship to another employer and again the training provider may be able to assist with this.

[Worker101]

Thanks again ULA

yes there is an Apprenticeship agreement, in addition to a section in their contract confirming apprenticeship. The provider have confirmed full contractual payment should be honoured on training day. The rate employer wants to pay him is for YP 19 years or in first year of scheme. My adult child is older but contractual pay is significantly higher and employer is trying to retrospectively impose the lower rate by getting them to sign new contract which removes his current more favourable T&Cs.

Provider have been very supportive and they also confirm should be able to transfer. Obviously needs to find another job first!

The redundancy is not genuine as the employer is pleading poverty as a reason to make redundant and they employed three others (within last six months) after my adult child and they are being kept on.

I have managed to speak to ACAS who advised as you stated about withheld salary and possible unfair dismissal linked to the salary because due to asserting statutory rights - they are being let go - with or without two years continuous service (?)

[ULA]

Yes, your son asserting his right to his contractual wage is generally considered asserting a statutory right under section 104 of the Employment Rights Act 1996. This would mean if his contract is terminated for this reason it is a potential claim for unfair dismissal even without two year's service.

If he is made redundant then the claim would be that this is an unfair dismissal as it is a result of the above.

I have already mentioned raising a formal grievance and your son can incorporate some of my wording above. It would also start a written document trail that he had raised this as an issue prior to any potential termination by his employer.

Glad to read the provider is being supportive. Through their network they may be able to give some assistance to find an alternative employer to support him through his apprenticeship.