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Apprencticeship issue

4 replies

m00rfarm · 22/04/2021 12:31

On here for traffic.

My DC has an apprenticeship for the last two years. He completed the first part of the course and passed. Thee second part they failed the first exam and was due to sit the second when Covid happened.

During this time he was meant to be having training one day a week and the rest of the time working (below minimum wage) for the company.

Covid struck, and he was told to work from home which he has done. Worked hard and long hours. He did not continue the training day each week as he was told to wait until the next starters moved onto the module he failed. He actually attended a training day a month ago when it was restarted and told he was not meant to be on that part of the course.

Today he was called without warning and told that he was being taken from the apprenticeship as he has not done an exam for two years (not true - he finished his first exams just over one year ago). He had been offered one to one training by the external training company, but this had not been forthcoming.

He was not prepared for the call, and was therefore not able to respond to most of the reasons they have given for terminating the apprenticeship (whilst still expecting him to continue working for them at apprenticeship wages).

He was told it was not up for discussion. The manager had made the decision and that was that.

I helped him put together an email which asks for the information on the call to be sent in an email to him, and also suggested in the email that their approach to removing him from the apprenticeship should not have been done without warning on a phone call that was entitled "catch up"

This is a national company. He has been working unpaid overtime, but been hassled every day by a manager who does not appear to understand the amount of work being generated. I know he works hard - he came to see me over Christmas, and worked 2 of the 4 days of his holiday to catch up and help colleagues out. But the manager always suggests that he could do more. There were several doing his job and now there is only 2 full time, one part time and one on sick leave almost continuously.

So - does anyone know whether it is possible to sack someone from an apprenticeship scheme without any warning? by a phone call, saying that there is no comeback from the decision.

Many thanks in advance.

OP posts:
1099 · 23/04/2021 07:19

OP - Maybe ask for this to be moved to Legal Matters, you should get some decent advice there.

Hollyhocksarenotmessy · 23/04/2021 07:32

Does he have an apprenticeship agreement? What does that say?

If not, then yes they can, but they cant continue to pay him the apprenticeship rate, he will need to receive at least minimum wage for his age.
Worth a call to HR to clarify everything.

m00rfarm · 23/04/2021 09:39

Thanks for your responses. He had an agreement when he first started, and then was made into a full time employee after 12 month which appears to have overriden the apprenticeship contract although he was still an apprentice.

OP posts:
Margaritatime · 23/04/2021 16:42

You need a time line of events with evidence. Then as pp, talk to HR to clarify the position. It may be worth talking to ACAS or trade union first.

I would also consider asking if he was made into a full time employee not an apprentice why did they continue to pay him as an apprentice. He also should have been paid overtime otherwise they would be paying below apprenticeship/NMW.

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