• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.
  • If you need direct help with your employment issue you can contact us at admin@legalbeaglesgroup.com for further assistance. This will give you access to “off-forum” support on a one-to- one basis from an experienced employment law expert for which we would welcome that you make a donation to help towards their time spent assisting on your matter. You can do this by clicking on the donate button in the box below.

apprenticeship contract not renewed

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • apprenticeship contract not renewed

    Hi all,

    I work for a large company and have completed an apprenticeship with them which was completed and the contract came to an end over a year ago. I have not signed a or even been presented with a renewal contract of employment but am still working for the company. After 6 years (including apprenticeship) I am now looking at resigning from this job.

    My question is, since I am not under formal contract, where do i stand as far as notice period is concerned?

    The notice period stated in the terms of employment are considerably higher than what is governed by UK law, but since i am no longer working under an agreed contract, do these terms still apply?

    Thanks,

    Stevey
    Tags: None

  • #2
    Re: apprenticeship contract not renewed

    Hi [MENTION=68172]steveysteve[/MENTION]

    I presume you were on an Apprenticeship contract, which had a fixed end date, which has now passed?

    It doesn't matter so much that you haven't signed a contract as the contract exists regardless. It matters more that you haven't been given a written statement detailing the terms of your employment.

    Someone else will likely elaborate but I suspect it will likely come down to 1) whether you were aware of the notice period (or it's reasonable to expect you to be aware of it), and assuming you were (or should have been), 2) whether there is an implied acceptance by acting in accordance with other terms of your contract.

    Is the notice period stated somewhere, e.g. in a company handbook?

    - Matt
    Last edited by matt3942; 16th June 2015, 07:20:AM. Reason: Posted before finished writing.
    Disclaimer: I am not a qualified solicitor. Nothing provided herein should be used as a substitute for professional legal advice. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, you should seek professional legal advice before acting upon any opinion, advice or information provided herein.

    Comment


    • #3
      Re: apprenticeship contract not renewed

      As you've continued working past the end date of your fixed term contract without it being formally renewed, this means that there is an implied agreement that the end date has changed - the rest of the contract still applies.

      So, the period of notice stated in the contract would apply.

      Comment


      • #4
        Re: apprenticeship contract not renewed

        [MENTION=65997]SPQR[/MENTION] makes a good point but it comes down to what your contract says - if it's an Apprenticeship Contract it will be automatically terminated on completion of the Apprenticeship.

        As in most cases it would help if we could see the contract.

        - Matt
        Disclaimer: I am not a qualified solicitor. Nothing provided herein should be used as a substitute for professional legal advice. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, you should seek professional legal advice before acting upon any opinion, advice or information provided herein.

        Comment


        • #5
          Re: apprenticeship contract not renewed

          As per Matt says, as your still working there your now likely deemed a full time employee - You need to discuss the issue with your employer ask them for a copy of your contract of employment, whilst also bringing your pay and hours (if different to other full time employees in same similar role) inline with other employees in same and similar role and back dated to when your apprenticeship contract terminated!
          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.

          By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

          If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

          I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

          The Governess; 6th March 2012 GRRRRRR

          Comment

          View our Terms and Conditions

          LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

          If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


          If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

          Announcement

          Collapse

          Welcome to LegalBeagles


          Donate with PayPal button

          LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

          See more
          See less

          Court Claim ?

          Guides and Letters
          Loading...



          Search and Compare fixed fee legal services and find a solicitor near you.

          Find a Law Firm


          Working...
          X