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How to proceed with disciplinary action for an apprentice?


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We took on an apprentice in September of last year (5 months ago) he has a college placement.

 

It is in a woodland environment so obviously needs to be on the ball and concentrating due to the nature of the business (chainsaws, axes etc)

 

However his attitude stinks,

he complains about everything including college,

his work is poor as if he doesn't make an effort,

he is challenging when asked to do something

and was caught kicking logs about in an aggressive way

and showing aggressive behaviour in general.

He also has poor time keeping and is often up to 30 mins late.

 

We have warned him about his attitude and time keeping on several occasions, however it doesn't seem to sink in.

 

His bad attitude and behaviour is not suited to the woodland environment and the job in question.

 

He has also taken time of college and has been told by the course manager that any more time off and he will be kicked off the course.

 

We have reached the limit with him now and want to proceed with disciplinary action

but understand it is difficult with an apprentice.

What is the best course of action to take?

 

Thanks

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Have you sat him down and spoke to him about his attitude? Really though, if his tutor is complaining, then you should just get rid.

 

However,its best to speak to the tutor and to your apprentice. See if theres something you can help with which is causing the attitude.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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Yep have tried sitting him down to explain

yet he comes back a few days later again kicking logs about,

answering back and generally unwilling to learn!!

 

Have not spoke to the tutor yet but that will be on the list.

 

Its really hard to just get rid of an apprentice.

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Its not that hard to get an apprentice really. Just ask your local schools and colleges if you can put an advertisment up. For colleges, just get in touch with the student union. I bet there will be hundreds of people waiting for one.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Its not that hard to get an apprentice really. Just ask your local schools and colleges if you can put an advertisment up. For colleges, just get in touch with the student union. I bet there will be hundreds of people waiting for one.

 

Hi we know it would be easy to replace him.

We are wanting to sack him but due to apprentices rights it is very difficult to let him go.

After some advice on how we can get round this.

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Well, i think the best advice is to wait a while for emzzii or becky to come to this forum. IIRC their day job is Human resources.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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We have warned him about his attitude and time keeping on several occasions, however it doesn't seem to sink in.

 

 

Have you done all of this formally?

 

A ticking off here and there isn;t going to be enough,

you need to give him a chance to improve by using your company;s documented procedures.

 

Basically you need to build an audit trail that says he is unemployable despite your best efforts!

 

What does your apprentice agreement say about college time and results, exact wording please?

 

As it sounds like he'll be dropping out of his qualification soon enough.

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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Mine is legal, but I could be a travelling circus clown (in fact if I was fit enough to change my career to one of a trapeze artist, I'd be sorely tempted)!

 

Anyway :) what type of written contract is in place?

 

If it's a traditional tripartite apprenticeship agreement, it will be very difficult/potentially costly to dismiss.

 

However, if it's under the modern arrangement under the ASCL bill 2009, and is clearly worded to that effect,

you may in fact be able to take disciplinary action and eventually terminate.

 

The only way to ascertain with certainty which applies is to ask a lawyer to review the documentation.

 

There are at least 5 key requirements for an ASCL apprenticeship contract to be entirely effective

- if you miss any one of those considerations, it won't apply and you're back to being stuck with the costly/difficult scenario.

I think only a lawyer can help with this one!

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what about the health & Safety route?

 

danger to himself and others?

 

whilst you are watching him/concerned its distracting and thus dangerous?

 

the other thing that strikes me is the reason for the attitude?

you're not a social worker nor a mentor for him

but

sometimes befriending them , moving the emphasis away from the issues he is causing you

and making it a not an issue, they sometimes open up.

 

this could be a deeper issue than we all realise.

 

granted, it's not your bag mind!

 

if he's come through a college scheme?

then the tutor is the route

 

I think they [via the college system for apprentiship in placement scheme] still have the power to end the contract with you?

 

dx

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DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

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