Groundbreaking Apprenticeship ET claim pending

[Kath07]

I am currently raising an ET claim regarding apprenticeships as follows - any help would be grateful!

Apprentice was dismissed following no disciplinary procedure - wrongful dismissal claim made

Cannot raise a claim for unfair dismissal as under contract of service the apprentice requires the 2 years service rather than the old contract of apprenticeship where apprenticeships enjoyed protected rights of dismissal under common law.

Where section 35 of the Apprenticeships, Skills, Children and Learning Act 2009 applies the apprentice would be entitled to the age related NMW rather than the apprenticeship rate?

Obviously if this claim was to be successful it would be groundbreaking in terms of apprenticeships therefore anyone willing to assist me on this case would be considered

[charitynjw]

Re: Groundbreaking Apprenticeship ET claim pending

Hi Kath07, & welcome to Legal Beagles.

Was the contract/particulars of employment/letter of engagement in the 'prescribed form'?

You mention wrongful dismissal.
Presumably a NMW issue.
Have you considered running this through County Court, rather than ET?

[Kath07]

Re: Groundbreaking Apprenticeship ET claim pending

No the wrongful dismissal relates to breach of contract as no disciplinary procedure was followed with regard to the prescribed form there is at yet no template for this but does appear to cover all 4 conditions of section 32

not sure how county court works?

[charitynjw]

Re: Groundbreaking Apprenticeship ET claim pending

If it is a matter concerning the disciplinary procedure, would this not be unfair dismissal?

[smileyculture]

Re: Groundbreaking Apprenticeship ET claim pending

I thought the County Court would be the right course for wrongful dismissal / breach of contract, I didn't think the ET would look at it.

[charitynjw]

Re: Groundbreaking Apprenticeship ET claim pending

AFAIK, not following the correct disciplinary procedure would be a factor which is taken into account, but the real issue would be the given reason for dismissal in the first place.
The mandatory procedure was a very strict process under the Employment Act 2002, but this proved very contentious & so was reworked into a more user-friendly version via the 2008 Act.
The more important issue here, though, will be was the dismissal fair, & would have following the correct procedure made any difference to the dismissal decision.
(As we don't know the story (or the back-story - there usually is one ), we(I) can't really give an informed opinion.