Dismissal of apprentice

[Reece1994]

Re: Dismissal of apprentice

Good afternoon,

Please find attached the fixed term contract (Pages 2-4) of the pdf, that I and the employer signed at the request of the apprenticeship provider Hull business college.

(Page 1) is the reason for dismissal that I asked for afterwards, as I did not know the reason behind their decision.

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Furthermore please find attached the contract apprenticeship that all 3 parties signed.

I look forward to your response and thank your for your time in advance.

Regards,


Reece

[judgemental24]

Re: Dismissal of apprentice

Why did they terminate your contract??

[Reece1994]

Re: Dismissal of apprentice

[MENTION=70489]judgemental24[/MENTION] They did not feel I was developing in the role as sufficiently as they thought, although they did not give adequate training in the role.

Aplogises will upload the apprenticeship agreement again as the file is to large at the moment

[matt3942]

Re: Dismissal of apprentice

[MENTION=71932]Reece1994[/MENTION] - this is definitely not an Apprenticeship Agreement, it is an Apprenticeship Contract. As such you cannot be dismissed except in very specific circumstances. Your employer is clearly in breach of this contract and you may bring a claim for wrongful dismissal. I suspect you will be entitled to receive at least the wages you would have otherwise earned.

Presumably you don't want to go back and complete your Apprenticeship with this employer?

- Matt

[judgemental24]

Re: Dismissal of apprentice

I agree but watch the time scale

You only have three months less one day to instigate a claim with the Tribuanl service from dismissal date

If on benefits or low pay you can claim a fee remission

[Reece1994]

Re: Dismissal of apprentice

Good afternoon,

Thank you all for looking at the contract.

This is also the apprenticeship document I had signed, would this make any difference at all?

As for the 3 months minus a day, I have until the 6th November.

I have now gained employment else where and due to start as of 26th, would I be able to claim loss of earning up to this date or the remainder of the contract ?

I am in the process of writing to the previous employer to disagree their decision as well as sending them an invoice before taking things to an employment tribunal, would you suggest this and if so any pointers to include ?

Thank you for your time in advance,

Reece1994

[dan_1207]

Re: Dismissal of apprentice

Apprentices employed under contracts of apprenticeship have enhanced protection from early termination of the contract as compared to ordinary employees.

There is a case in 1970 (Duck V Waller I think) (Court of Appeal) which is good authority - apprentices are entitled to damages for loss of earnings and training for the remainder of the term and for loss of future career prospects.

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More info on case:

In Dunk v George Waller & Sons [1970] 2 QB 163, the Court of Appeal held that apprentices are entitled to damages for loss of earnings and training for the remainder of the term and for loss of future career prospects. Mr Dunk entered into a four-year apprenticeship. For the first couple of years, he worked reasonably well and progressed through the business. However, he struggled with the exams, and when he failed a particular exam, his employer considered he was unlikely to pass a second time and terminated his apprenticeship. He sought damages for breach.

The Court of Appeal stated:

"An apprenticeship agreement is of a special character ... he is entitled to damages for his loss of earnings and of training during the remainder of the term of apprenticeship agreement and also for the diminution of his future prospects."

The measure of damages can therefore be significant, taking into account the remainder of the term of the apprenticeship, as well as loss of training and impact on future earnings. In this case, the court found that his earning potential for the two years after he completed his apprenticeship would have been better, but after that he would have earned the same as others, as he was not seen to be particularly able

[dan_1207]

Re: Dismissal of apprentice

I agree but watch the time scale

You only have three months less one day to instigate a claim with the Tribuanl service from dismissal date

If on benefits or low pay you can claim a fee remission

Insufficient time of service to company.

[judgemental24]

Re: Dismissal of apprentice

That might be the case but if the employee can technically claim for all future loss of earnngs under that apprentice agreement terminated unlawfully (schedule of loss)

That would fall under section 13 ERA 1996

Being a protected right no length of service restrictions will apply

[dan_1207]

Re: Dismissal of apprentice

That might be the case but if the employee can technically claim for all future loss of earnngs under that apprentice agreement terminated unlawfully (schedule of loss)

That would fall under section 13 ERA 1996

Being a protected right no length of service restrictions will apply

s13 ERA 1996 relates to unlawful deduction of wages?

[judgemental24]

Re: Dismissal of apprentice

Yes, and you are claiming for future wages as to contract

So by deduction if you are dismissed unlawfully you have no opportunity of receiving those future wages

That is why it goes in any schedule of loss

The same goes if you are dismissed then reinstated 12 months later, you receive all back pay as though the dismissal never happened with holiday entitlement etc

In this case it will depend if the employer takes back the apprentice or not

[dan_1207]

Re: Dismissal of apprentice

That is not unlawful DEDUCTION of wages.

[Amethyst]

Re: Dismissal of apprentice

Unlawful deduction of wages is here http://www.legislation.gov.uk/ukpga/...ns-by-employer ( just for ref)

Payments owed in lieu of notice could be deemed as deductions, as could owed holiday pay... Delaney v Staples??. But not loss of chance on future earnings.

[judgemental24]

Re: Dismissal of apprentice

Yes AMETHYST

That is why it goes into a schedule of all future loss

It is very rare for payment to be made on future loss but still a necessity to be recorded . It normally is an award of some kind with a 25% uplift

I am talking unlawful dismissal and not wrongful dismissal

[dan_1207]

Re: Dismissal of apprentice

Yes AMETHYST

That is why it goes into a schedule of all future loss

It is very rare for payment to be made on future loss but still a necessity to be recorded . It normally is an award of some kind with a 25% uplift

I am talking unlawful dismissal and not wrongful dismissal

You've completely lost me.

Employer held meeting on 14 August 2015. Employment terminated effective from 21 August 2015. Per contract, 1 weeks' notice given.

Definition of deduction: "Where the total wages paid on any occasion by an employer to a worker is less than the net amount of the wages "properly payable" on that occasion, the deficit counts as a deduction, unless it is attributable to an "error of computation" (s 13(3), ERA 1996).

Where is the deduction in this instance?