How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 44941
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your UK Employment Law Question Here...
Ben Jones is online now
A new question is answered every 9 seconds

My son is 2 months into an apprenticeship as a mechanic and

Customer Question

My son is 2 months into an apprenticeship as a mechanic and received a written warning earlier this week for not being quick enough. He was given a months probation. He turned up to work today to be told he was being laid off and was given £230 and told not to come back. This does not seem fair.
Submitted: 4 months ago.
Category: UK Employment Law
Expert:  Ben Jones replied 4 months ago.

Hello how long was the apprenticeship for and was he employed under a formal apprenticeship agreement?

Customer: replied 4 months ago.
18 months.
Customer: replied 4 months ago.
He has been attending college one day per week an the college found the apprenticeship for him in the first place.
Expert:  Ben Jones replied 4 months ago.

But did he have a formal written apprenticeship agreement in place?

Customer: replied 4 months ago.
I don't know.
Expert:  Ben Jones replied 4 months ago.

Apprentices are still legally treated as employees so their employment can be terminated if necessary. The apprentice’s rights in this respect will depend on whether they are employed under an apprenticeship agreement or an apprenticeship contract.

An apprenticeship contract automatically exists if an employer has an agreement with an individual the main purpose of which is for that individual to be trained by the employer. However, the apprentice could be employed under an apprenticeship agreement instead and this will give them different rights. For such an agreement to be valid it must be issued in accordance with the Apprenticeships, Skills, Children and Learning Act 2009. So if there was an agreement in place which was issued under this Act, it is likely an apprenticeship agreement would have been created.

If the apprentice as not employed under an agreement, they will get better rights. That is because in addition to a contract of employment, there would be a contract for training for the duration of the apprenticeship. In these circumstances an apprentice can only be dismissed if they were found guilty of serious misconduct or extremely poor performance. They cannot be made redundant. If the apprenticeship is not terminated for these reasons, the apprentice could potentially seek compensation for the loss of earnings under the apprenticeship contract plus the loss of potential future earnings.

However, if they were employed under an apprenticeship agreement, they would be treated in the same manner as employees and will not get the additional protection they would have received had they been employed under an apprenticeship contract. They can be dismissed subject to the usual fair dismissal rules, including being made redundant. They would be entitled to their contractual notice period and any accrued holidays but not to any further damages for the loss of opportunities or loss of training.

This is your basic legal position. I have more detailed advice for you in terms of the steps he can take next if he believes he is due compensation, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Expert:  Ben Jones replied 4 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

Related UK Employment Law Questions