Dismissal of apprentice

[Reece1994]

Good Afternoon,
I have recently been dismissed from my employment half way through my apprentice. I signed a contract with the employer on the date of commencement for a fixed term of 1 year.
Further I was contracted 40 hours per week Monday- Friday, at the apprenticeship rate of £2.73, but had been told I had to work every saturday and would be paid the national minimum wage for my age group, due to me working over time, but never received the the £5.13 per hour.
I am seeking general advice to where I stand and how to proceed, as the research I have done it is a bit of a mine field.
I thank you in advance, for your response

[judgemental24]

Re: Dismissal of apprentice

What reason for the dismissal??

[Reece1994]

Re: Dismissal of apprentice

Thank you for your response judgemental24, I believed the meeting to be a monthly appraisal, but there was no valid reason for dismissal. I have received no formal or written warnings in the past.

[judgemental24]

Re: Dismissal of apprentice

Have you signed any contract with a college and do you get release from your employment to attend college in adition to the apprentechip?

[judgemental24]

Re: Dismissal of apprentice

If you have signed an apprenticeships for 12 months the employer might be in bother if he has failed to follow the ACAS code of practice with the dismissal.

If the employer breaks the terms of the agreement, you stand a good chance of being awarded at tribunal all the wages you would otherwise have been paid for the length of the contract. Employers need to be very careful when it comes to dismissing apprentices.

[Reece1994]

Re: Dismissal of apprentice

I did receive leave of 4 hours a week to attend the apprenticeship provider.

Yes both myself the employer and apprenticeship provider signed an apprenticeship agreement.

Also I and the employer signed a fixed term contract (Principal statement of terms and conditions of service).

[judgemental24]

Re: Dismissal of apprentice

This will be nothing more than a simple breach of contract. The Employment Rights Act considers an apprentice’s contract with their employer not legally to be a fixed term contract. The Fixed Term Employees Regulations exclude apprentices altogether.

But the employer will be in breach of simple contract if you can show any dismissal was unfair due to failure to follow the correct dismissal process set by ACAS.

This looks very much to me to be wrongful dismissal. I would seriously consider a claim to the Tribunal service. You will receive fee remission if on low income or benefits.

Give ACAS a call and see what they say first

Most of the time they are as much use as a chocolate teapot but they do get it right on occasions

[matt3942]

Re: Dismissal of apprentice

Hi [MENTION=71932]Reece1994[/MENTION] - are you able to upload a scanned copy of your contract/agreement? If what you signed was an Apprenticeship contract you will have additional rights in relation to dismissal; however, I will need to see the document to determine whether it's a contract or an agreement.

- Matt

[Reece1994]

Re: Dismissal of apprentice

[MENTION=70489]judgemental24[/MENTION] - Apologises for the delayed response. I have contacted both ACAS and Citizens Advice and unfortunately they were not the most helpful of people. It was a bit complicated to discuss over the phone and was some confusion their end, they did suggest writing to the former employer to raise my grievance.
[MENTION=67649]matt3942[/MENTION] I shall endeavour to do this on Monday 28th when I go into my local town to access a scanner. Would you want both my apprenticeship agreement and my contract with the employer?

Kind Regards and best wishes

Reece1994

[judgemental24]

Re: Dismissal of apprentice

Both organisations can be as much use as a chocolate teapot as you have found out

My advice will be to go into your local law centre

Raise a Grievance?? Where do they get these muppetts from at Acas?

His contract of employment has already ended

[Trev1234]

Re: Dismissal of apprentice

Judge - precisely my experience. Maybe it's a ruse to front-end a process to reduce genuine cases. Add ET fees and ta daa!

[RJH]

Re: Dismissal of apprentice

[MENTION=70488]judgemental[/MENTION] - ACAS have been shite in my experience over the past week or so! They didn't even want to listen to any facts I had to give them. I never use CAB for anything after a previous experience where taking advice off a child would have been the same amount of use.

[matt3942]

Re: Dismissal of apprentice

[MENTION=71932]Reece1994[/MENTION] - Yes please.

[MENTION=70489]judgemental24[/MENTION] - An apprenticeship agreement must meet strict criteria otherwise it defaults to an apprenticeship contract, which cannot be terminated except in very exceptional circumstances. If the OP was working under an apprenticeship contract it may be possible to bring a claim of wrongful dismissal against the employer.

- Matt

[judgemental24]

Re: Dismissal of apprentice

In agreematt3942

The point being is that the OP no longer is employed with the employer.

The contract has still been terminated, unlawful or not, he at this moment has no employer to raise any grievance against

[matt3942]

Re: Dismissal of apprentice

[MENTION=70489]judgemental24[/MENTION] - Ah ha, my apologies - I misinterpreted your comment.

Some employers will respond to a grievance raised by a former employer but there is no legal requirement for them to do so, at the moment.

- Matt