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Young apprentice in dilemma

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  • Young apprentice in dilemma

    Hello all,

    i have been been at my engineering company for 3 years and I am 19 years old.
    The past 6-9 months I have not been given adequate work, really just enough to fill up half my week.

    To my surprise I was told to attend a capability procedure hearing with a HR rep and my line manager. The outcome of this was a written warning to my surprise as I felt this was very harsh and an obvious tactic to cover themselves to set me up for laying me off. I did not appeal as I didn't want to cause any friction .

    this was 4 weeks ago and the work I have been given has been less frequent and I have really been ignored and no work provided which I have noted in my time sheet.

    i was given another letter on Friday to attend another capability meeting this Friday with my line manager and another senior manager. I refused to this as I wanted a HR rep present . This has now been granted.

    from my work mates I have been told a boy who was in the same job me before has nearly the exact same situation.

    im in a dilemma on whether to resign as I have only 6 months contractually or work out a mutual agreement but how much money would I be compensated for?

    any help would be great

    thank you in advance Haffie.
    Tags: None

  • #2
    Re: Young apprentice in dilemma

    What do you mean when you say 'I have only six months contractually'?

    Also, what is their justification for suggesting that should be placed on a capability procedure? Are you a permanent employee or are you on a 4 year contract as a lot of apprentices are?
    Nothing I say should be taken as qualified expert advice. I am not an expert in anything.

    If you decide to act on anything I have posted you agree not to hold me liable in any way.

    If you are unsure then you need to take proper advice from someone who is an expert.

    Comment


    • #3
      Re: Young apprentice in dilemma

      Originally posted by Harmonica View Post
      What do you mean when you say 'I have only six months contractually'?

      Also, what is their justification for suggesting that should be placed on a capability procedure? Are you a permanent employee or are you on a 4 year contract as a lot of apprentices are?
      Hi thanks for the reply.

      I am on an apprentice scheme which is due to run out in December which will end my 4 year stint.
      the reasons for my capability procedure was work not getting done adequately and on time which is ironic as I have raised that I don't feel I get enough.

      Comment


      • #4
        Re: Young apprentice in dilemma

        The outcome says on the letter that it is likely to be a final written warning

        Comment


        • #5
          Re: Young apprentice in dilemma

          Are you supposed to be building a portfolio and if so are they giving you the work so that you can do so?

          Have you asked them how on earth can an apprentice be placed on a capability procedure? You're supposed to be learning.

          If your work is not up to scratch then please ask them to help you with this as that is what they're supposed to be doing.
          Nothing I say should be taken as qualified expert advice. I am not an expert in anything.

          If you decide to act on anything I have posted you agree not to hold me liable in any way.

          If you are unsure then you need to take proper advice from someone who is an expert.

          Comment


          • #6
            Re: Young apprentice in dilemma

            Originally posted by Harmonica View Post
            Are you supposed to be building a portfolio and if so are they giving you the work so that you can do so?

            Have you asked them how on earth can an apprentice be placed on a capability procedure? You're supposed to be learning.

            If your work is not up to scratch then please ask them to help you with this as that is what they're supposed to be doing.
            Thats why I'm puzzled not too sure why I should be on one?
            i told the head HR I feel victimised and I'm getting pushed out company due to unsufficient work being provided.

            i am currently looking for other jobs as I don't feel very good about staying and think I will regret it in future. Do you know what I would be due payment wise if I was to quit or ask us to come to a mutual agreement?

            Thanks again, haffie

            Comment


            • #7
              Re: Young apprentice in dilemma

              From what you've said I don't see how you get anything other than your wages for the month if you quit. I would not be too optimistic that you're in a position to come to an settlement agreement.

              If they're not giving you the work that is a part of your training then you may have a claim for breach of contract, especially if they're now threatening you with disciplinary action. You could put this to them and see if it changes their position. But because you're under contract only until December your claim wouldn't be worth much.

              Put the onus on them. Don't just allow them to claim that you're incapable and discipline you for it without getting them to explain why they haven't done more to support you, given that you're supposed to be learning and they should be helping you not disciplining you.
              Nothing I say should be taken as qualified expert advice. I am not an expert in anything.

              If you decide to act on anything I have posted you agree not to hold me liable in any way.

              If you are unsure then you need to take proper advice from someone who is an expert.

              Comment


              • #8
                Re: Young apprentice in dilemma

                Originally posted by Harmonica View Post
                From what you've said I don't see how you get anything other than your wages for the month if you quit. I would not be too optimistic that you're in a position to come to an settlement agreement.

                If they're not giving you the work that is a part of your training then you may have a claim for breach of contract, especially if they're now threatening you with disciplinary action. You could put this to them and see if it changes their position. But because you're under contract only until December your claim wouldn't be worth much.

                Put the onus on them. Don't just allow them to claim that you're incapable and discipline you for it without getting them to explain why they haven't done more to support you, given that you're supposed to be learning and they should be helping you not disciplining you.
                Could be worth 6 months lost earnings - But then by the sounds of it, they want to give a final first and then wait another 4 weeks before dismissing on capability grounds. So then it would be 5 months lost wages if the OP was successful in claiming breach of contract.

                I would suggest the OP contacts ACAS along with threaten the employer with breach of contract as you suggested Harmonica - That way ACAS will contact the employer on the OP's behalf, and when they do the employer will recall the breach of contract threat and assume he is being deadly serious too, now Acas are calling.
                Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

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                Comment

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