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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 47082
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My son is 2 months into an apprenticeship as a mechanic at a

Customer Question

My son is 2 months into an apprenticeship as a mechanic at a small garage. He has unblemished attendancband punctuality and no issues with his college work. On Friday his boss said that my son was working too slowly and if he didn't speed up he would be dismissed. He is very upset about this
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: The UK.
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: No.
Submitted: 11 months ago.
Category: UK Law
Expert:  Ben Jones replied 11 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 11 months ago.

How long is the apprenticeship for?

Customer: replied 11 months ago.
18 months.
Expert:  Ben Jones replied 11 months ago.

Do you know if he has a formal apprenticeship agreement which mentions it is issued under the Apprenticeships, Skills, Children and Learning Act 2009?

Customer: replied 11 months ago.
I'm afraid I don't know. Out local college organised it for him.
Expert:  Ben Jones replied 11 months ago.

Thank you. 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. He will not be able to challenge this if he has less than 2 years’ service. He 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.

So it all depends on whether he was working under a formal apprenticeship agreement or a common law apprenticeship contract.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 11 months ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 11 months ago.

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

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