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Hello there, just looking for some advice on the situation I've been placed in, My apprenticeship was recently terminated due to not completing my coursework, for a Level 3 course which I should never of been on, as my contract states intermediate apprenticeship meaning Level 2, I had no warnings prior to the termination, and was literally put into a meeting with a HR manager and she made reference to the apprenticeship agreement I had signed, which she only made reference to the a agreement I did not comply with, which was not completing the college work, I told her this must be irrelevant because it's not the course I should be on anyway.

 

I have appealed against the decision, I've been researching on the web at current legislation's and it states that, the apprenticeship agreement should include the relevant apprenticeship framework, which in my case should be Level 2, the reason for me failing level 3 was generally lack of knowledge, I don't think I even qualified to be on the course, yet was still placed on it. My question is this apprenticeship agreement must be illegitimate if it does not state the RELEVANT apprenticeship framework? If anyone has any advice, please post.

Edited by BradleyMarris
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Can I clarify - you just stopped doing the coursework without discussing it with anyone?

 

You are right that intermediate is level 2.

 

What does the college say?

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Can I clarify - you just stopped doing the coursework without discussing it with anyone?

 

You are right that intermediate is level 2.

 

What does the college say?

 

What do you mean I just stopped doing the coursework without discussing it with anyone? The company was aware I was struggling through, mid-year and end of year reports.

 

My college representative agreed in the termination meeting that I should have been placed on level 2, The college didn't exactly approve of what went on, that's all I can generally say. Also I quote the college representative, "bradley was placed on the course due to connections between the companies managing director and the college principle"

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Dial back the attitude, you did not make that clear in your first post

 

The law you need is here

 

http://www.abbeylegal.com/Latestnews/NewItems/Pages/Learning%20the%20trade%20%E2%80%93%20the%20law%20on%20apprentices.aspx

 

 

If the employer terminates the agreement early, thereby depriving the apprentice of the training, the apprentice is entitled to claim damages for wrongful dismissal under the contract for the remainder of the fixed-term apprenticeship and also damages for future loss of earnings and prospects as a qualified person. This is still the case even if the apprentice is a poor performer or is having difficulty passing any necessary exams or if he has a conduct problem such as poor timekeeping or a poor attendance record. Even a genuine redundancy situation, such as a downturn in work, would not entitle the employer to dismiss the apprentice early, regardless of length of service.

 

The amount of damages awarded against an employer for terminating a contract of apprenticeship early could therefore be substantial, which makes contracts of apprenticeship a potentially significant burden for employers.

 

The employer can still discipline an apprentice for misconduct or poor performance but the apprentice cannot be dismissed, except in exceptional circumstances. A contract of apprenticeship can probably only be brought to an end either by some frustrating event or by a repudiatory act on the part of the apprentice. Two examples of the former would be where the employer completely closes down his business or the nature of the employer’s business changes to such an extent that the employer cannot properly teach the apprentice the trade or profession that was intended to be taught. The latter would include acts of gross misconduct and continual neglect of duties or serious incapacitation on behalf of the apprentice to the extent that it has become impossible for the employer to continue to teach the apprentice (subject always, of course, to following a fair dismissal procedure).

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Dial back the attitude, you did not make that clear in your first post

 

The law you need is here

 

 

 

If the employer terminates the agreement early, thereby depriving the apprentice of the training, the apprentice is entitled to claim damages for wrongful dismissal under the contract for the remainder of the fixed-term apprenticeship and also damages for future loss of earnings and prospects as a qualified person. This is still the case even if the apprentice is a poor performer or is having difficulty passing any necessary exams or if he has a conduct problem such as poor timekeeping or a poor attendance record. Even a genuine redundancy situation, such as a downturn in work, would not entitle the employer to dismiss the apprentice early, regardless of length of service.

 

The amount of damages awarded against an employer for terminating a contract of apprenticeship early could therefore be substantial, which makes contracts of apprenticeship a potentially significant burden for employers.

 

The employer can still discipline an apprentice for misconduct or poor performance but the apprentice cannot be dismissed, except in exceptional circumstances. A contract of apprenticeship can probably only be brought to an end either by some frustrating event or by a repudiatory act on the part of the apprentice. Two examples of the former would be where the employer completely closes down his business or the nature of the employer’s business changes to such an extent that the employer cannot properly teach the apprentice the trade or profession that was intended to be taught. The latter would include acts of gross misconduct and continual neglect of duties or serious incapacitation on behalf of the apprentice to the extent that it has become impossible for the employer to continue to teach the apprentice (subject always, of course, to following a fair dismissal procedure).

 

I didn't mean to come across with an attitude, sorry if it came across in that way, I think the information which you gave me is correct, but been researching and it states the apprenticeship agreement pretty much makes that information come across unnecessary

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Can you rephrase that last point for me?

 

Whatever is in the agreement, the law is clear.

 

A useful thing to do is check if house inurance has legal cover, a quick chat with a solicitor may be useful to confirm or otherwise. You could also try calling ACAS.

 

Then I would be calling the HR department and advising of intention to lodge an ET if this cannot be resolved.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Can you rephrase that last point for me?

 

Whatever is in the agreement, the law is clear.

 

A useful thing to do is check if house inurance has legal cover, a quick chat with a solicitor may be useful to confirm or otherwise. You could also try calling ACAS.

 

Then I would be calling the HR department and advising of intention to lodge an ET if this cannot be resolved.

 

Basically I mean that the agreement which I signed was not up to standard with the legislation it is accounted with, the agreement does not state that the course or qualification I should of been working to.

 

Example: Apprentice gets given an agreement, says here sign this your agreeing to the fact that we can sack you, this agreement does not link with the official apprenticeship agreement, which says you need to include the course/level the apprentice/college/employer is agreeing too.

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Does it use the words "intermediate apprenticeship"?

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Does it use the words "intermediate apprenticeship"?

 

My contract of employment, does, yes.

 

But, however, my apprenticeship agreement doesn't state level of apprenticeship I agreed to or the course, which it officially should.

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I think it's entirely reasonable to assume it should have from the contract of employment. So yes, I think you've been hard done by, and should give it a shot a) getting back into the scheme with the right level of study or b) getting some compensation.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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I think it's entirely reasonable to assume it should have from the contract of employment. So yes, I think you've been hard done by, and should give it a shot a) getting back into the scheme with the right level of study or b) getting some compensation.

 

Or c) both!

 

The interesting thing with apprenticeship claims is that lost earnings are fixed - even if a new apprenticeship is secured meaning no lost earnings, the ET only considers the breach of contract and not mitigation, so earnings from a new contract aren't offset.

 

Incidentally, I would hope the law is changed on this point. It's effectively allowing double recovery, which isn't permitted in any other claim.

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Or c) both!

 

The interesting thing with apprenticeship claims is that lost earnings are fixed - even if a new apprenticeship is secured meaning no lost earnings, the ET only considers the breach of contract and not mitigation, so earnings from a new contract aren't offset.

 

Incidentally, I would hope the law is changed on this point. It's effectively allowing double recovery, which isn't permitted in any other claim.

 

Breach of contract been my contract being intermediate? and being placed on advanced?

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Go for a chat first.

 

Many employers are totally ignorant to the law regarding apprenticeship contracts.

 

Direct them to the relevant legislation and ask for a discussion before going in all bells rining. You may have to work with them again you know!

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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