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Iv been in an apprenticeship with a company for 3-4 months, for the first few months we didn't have an immediate manager and I made a lot of progression. We now have a new manager and she has recently told me that she has to let me go because I'm 'not good for the company' what I don't understand is that Iv been waiting for training so that I can contribute to the company that she should have arranged, she hasn't given me any warnings verbal or written, she has stopped me from learning parts of the business then tells me that I'm not good enough for the company. Is there anything at all I can do to turn this back round on her?

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Iv been in an apprenticeship with a company for 3-4 months, for the first few months we didn't have an immediate manager and I made a lot of progression. We now have a new manager and she has recently told me that she has to let me go because I'm 'not good for the company' what I don't understand is that Iv been waiting for training so that I can contribute to the company that she should have arranged, she hasn't given me any warnings verbal or written, she has stopped me from learning parts of the business then tells me that I'm not good enough for the company. Is there anything at all I can do to turn this back round on her?

 

Hello and welcome to CAG. I hope the employment guys will be along later.

 

I have a couple of questions that might help when they get here. Are you on the type of apprenticeship that has a college involved? And what paperwork do you have please?

 

Where do you stand at the moment, have you been given a date?

 

And my last question is what outcome you would like from this. The others may have more though, it will help us to advise you. :)

 

My best, HB

Illegitimi non carborundum

 

 

 

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Thank you for your response. I don't go into college, I just work Monday to Friday at the company & I'm at work at the minute but will check the paperwork when I get home.

After work on Tuesday the new manager called me into the office where she told me that she had nothing against me as an individual but I am no good for the company, and gave me a weeks notice. But then said I will be finishing this week off then I'm done. But shouldn't I be able to work and be paid up until five o clock next Tuesday?

I had no written or verbal warning and still have no written notice. She has also done it this week while the person who set me on in the first place as he was the one who deals with the apprentice link is away on holiday so I have no way of getting in touch to see his opinion.

I've felt as though she had a problem with me since she first started, and I feel as though I'm being treated a bit unfair.

My partner is due to have our little girl in 9 weeks time, and its going to be hard enough that we had to start a family at our young age due to personal problems, and now it will be even harder with no money coming in.

I'm unsure of the possible outcomes, so I don't know what I wish to happen. The best possible outcome would be for me to keep my job and keep money coming in for our soon to be family.

Thank you again

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To the OP- I would take legal advice if I were you. Under Dunkk v George Waller & Sons [1970] 2QB 163 an apprentice who was dismissed prematurely may have a contract claim for damages, not only against loss of earnings for the rest of the apprenticeship etc, but also loss of training and status.The Law did change last April (2012), and it might be that it is now easier for an employer to avoid penalties for dismissal; however the NAS is there to help the apprentice find another position.

 

Remember, this is opinion / and memory. Take proper advice- Employment Solicitor / Trade Union / CAB.

 

Good luck!

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Do you have a contract of apprenticeship ??

or

Does it mention anywhere in your paperwork 'apprentice' ?

 

That was an issue with the updated law- all new agreements to 'take the form of a written statement of particulars of employment or contract of employment and must include a statement of the skill, trade or occupation for which the apprentice is being trained'.

 

Ironically, use of the actual term 'apprentice' in these areas is not decisive in whether someone actually is one, just relevant.

 

PS: apologies for not spleling 'Dunk' properly earlier :wink:

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Must have a contract for apprenticeship? I was lucky in the early 1960s the Boss allowed me to leave as I was going into the Army, and he did not push a fee for release of contract @ 16 yrs old.

:mad2::-x:jaw::sad:
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It is only in the most serious cases of misconduct that an apprentice can be fairly dismissed.

The issue is, in essence, whether the conduct of the apprentice is such that it renders them impossible to teach. This could be by way of repeated wilful disobedience of direct instructions and/or a habitual neglect of specific duties. This is narrower than the grounds for gross misconduct as applied to ordinary employees.

It has also been held that an apprentice should not be made redundant, save in cases of workplace closure.

 

Apprenticeships, Skills, Children and Learning Act 2009

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I'm not sure of any paperwork or contracts I will check when I get home, I'm at work until five though

 

That's ok, come back after you had your tea and had a look. :)

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I have had no kind of warning from her, and before she came to the company I was a lot more involved. When she started she began to tell me I was no longer allowed to do certain things which I had been doing, and not trying to help me learn in any way.

 

It's been mentioned to me by other people, may not be gospel truth as it hasn't come from her personally to me but apparently her son is I a similar age so she wants to apprenticeship position to be open so he can go for it.

 

Also when she told me she was going to have to get rid she never said it was because I had done something wrong or anything, just that I wasn't good enough for the company, no reason why I wasn't good enough or anything

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If the apprenticeship agreement was entered into after April 2012 and is in the form prescribed by The Apprentices, Skills, Children and Learning Act 2009, then the apprentice will simply be an employee. They will therefore have the same rights as any other employee.

 

Apprentices do not have the right to be offered a permanent role at the end of their apprenticeship unless their apprenticeship agreement has stated that this is the case.

For further information you may wish to refer to the government's Apprenticeships website.

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I started the apprenticeship at the beginning of this year, don't go into college to do any training or anything just learn on the job, but she hasn't shown willing to teach me anything and has set me back since coming. I would usually just take it on the chin and look elsewhere for a job but I'm panicking as no money coming in could lead to me losing my family as I can't support my partner and child. The midwife has informed us that my partner won't go full term so realistically we have less than 9 weeks :/ its happened at such a bad time and the worry an not knowing what to do is really getting me down

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your paperwork is vital here as apprentices are indentured, which basically means you cant be sacked and you cant leave, except for certain circumstances. You will need to raise an appeal to the boss of the company and ask them why this is happening, they may not even be aware of it and may take a dim view of having their name dragged through the mud because one of their junior management wants to place her son in a job under her. You need to say that you want to follow the ACAS guidelines (if your contract doesnt specify what the appeals process is) and be given a written reason for the termination of your contract, the correct notice period and arrangements for payment for any holiday due to you and a timescale for your appeal.

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