Dismissal of apprentice

[matt3942]

Re: Dismissal of apprentice

Hello all,

As we've established already, an apprentice working under an Apprenticeship contract cannot be dismissed, except for exceptional circumstances. Therefore the notice period is irrelevant as the dismissal is unlawful.

I don't believe the apprentice may make a claim for unlawful deductions; however, that's also irrelevant as he may make a claim for wrongful dismissal and he should be entitled to at least the wages he would have earned.

IMO nothing else is relevant.

- Matt

[liz01]

Re: Dismissal of apprentice

Wow...all very interesting
Is there any UPDATE on this thread?...would really like to know the outcome.
If there was no 'fixed term' how could the court determine how long the Apprentice would have been employed for?
Was there no 'mitigation, for the employer...perhaps the reason for the dismissal? Could the employer have argued ANY part of the matter to reduce his 'liabilty' ?
cheers

[matt3942]

Re: Dismissal of apprentice

Hi [MENTION=73716]liz01[/MENTION]

That is a good question. Apprenticeship contracts are typically for a fixed period of time, i.e. the period of time it requires to complete the Apprenticeship; however, as you've correctly pointed out, the contract in question does not have a fixed term. Therefore an ET judge would have to consider this.

To lawfully terminate an Apprenticeship contract the apprentice has to have committed an act of serious misconduct to the extent that it becomes impossible to train him/her. Alternatively if the apprentice is unable to continue, due to health reasons for example, the employer can lawfully terminate the Apprenticeship contract. Generally there are no other accepted reasons.

- Matt

[liz01]

Re: Dismissal of apprentice

Hi

Can anyone help with this poser please
If a tribunal awards a sum...say £3000 and then discovers the appellant was offered £3000 before the case..what happens?
Thanks

- - - Updated - - -

Hi Matt

Thank you for that...seems apprenticeships are very very complicated. Wouldn't like to be the judge trying to decide how long an apprentice would be an apprentice though

cheers

[liz01]

Re: Dismissal of apprentice

Hi Matt
Do you have the answer to the award question...if the tribunal awards a sum of £3000 say and the appellant was offered £3000 before the case [out of court settlement] does the appellant still get the £3000 and will they get their costs paid? or if they were offered £3010..£10 over the courts award?

cheers

[matt3942]

Re: Dismissal of apprentice

Hi [MENTION=73716]liz01[/MENTION]

The difference between Apprenticeship agreements and Apprenticeship contracts does tend to confuse a lot of employers. Every Apprenticeship framework has a minimum duration depending on the nature of the work involved, so that's a good place to start.

If your question is what happens if an employer offers a claimant £3,000, which he/she rejects, and then the Employment Tribunal awards him/her £3,000, the answer is nothing - the claimant gets £3,000. BTW an appellant is someone making an appeal, i.e. at an Employment Appeal Tribunal.

- Matt

[matt3942]

Re: Dismissal of apprentice

Hi [MENTION=73716]liz01[/MENTION]

I think you re-posted your question as I was posting my answer.

An employer's out of court settlement offer is intended to stop the claimant pursuing his/her claim at an Employment Tribunal. When a claimant rejects this offer, it's gone.

The employer's offer won't be a factor in the Employment Tribunal judge's offer - the judge may award more or less. That's a risk you take when rejecting an employer's offer.

If the claimant wins the case the employer will usually be ordered to pay the claimant's Employment Tribunal costs.

Does that help?

- Matt

[liz01]

Re: Dismissal of apprentice

Hi Matt

Yes.all very helpful. I was told the award of costs would not be allowed if the offer [out of court] was more than the court awarded....the case could have been avoided so costs not awarded.
Cheers