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Hi All

 

My son left sixth form 3 weeks ago to start an Apprenticeship with a local established company.

 

At the end of the day yesterday, he was told that his apprenticeship was terminated with immediate effect as he was "under performing".

 

This has come as a total shock. He has only been there three weeks. He has had no issues/warnings etc. He has no time keeping issues, no days off, nothing. He was even paid a bonus this week for recruiting new clients.

 

They would not elaborate on the "under performing", just that they are a professional company and he is not working to their standards. He pointed out he was taken on as an apprentice straight from school. He had one days training, then was put on the phones.

 

I could understand if he had a qualification and was taken on as a full time employee with experience, but he is only an apprentice and requires training?

 

He cannot go back to school as he has missed near on a month and AS exams are imminent.

 

He and his employer signed a contract of employment for apprentices (fixed term)

 

Does he have any rights?

 

Many thanks.

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surely he and his employer and the education provider were parties to the contract, yes?

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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W96: He will generally be considered an employee and have the same rights as others at that placement. However those are legally limited within the first two years of employment. His conditions of employment- and the termination thereof- should be in the contract you say he has signed.

Why did he 'leave' VI Form rather than train / study simultaneously?

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Hi

 

There is a probationary period clause in the contract which states the Employer reserves the right to terminate employment within the probationary period where it considers the Employee has not and is unlikely to attain the necessary standards to complete the Apprenticeship programme.

 

He has good gcses including Maths and English, so was told he was qualified for NVQ 2.

 

He left sixth form as he changed his mind about going to uni. Unfortunately, we thought an apprenticeship was the way to go.

 

Thanks again

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I'm going to point you to an article that guves you some additional checks to make on the contract

 

Hopefully it's one where this applies...

 

" If the apprentice commits misconduct or breaches the apprenticeship contract, this does not necessarily mean the employer can stop the training. The misconduct has to be so extreme that it means the apprentice can no longer be taught the trade. They can only be dismissed fairly for misconduct if they are effectively unteachable."

 

http://www.cipd.co.uk/pm/peoplemanagement/b/weblog/archive/2013/08/27/get-your-apprenticeship-rights-straight.aspx

 

Please check your home insurance for legal cover, I think it would be useful to know you have back up!

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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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" If the apprentice commits misconduct or breaches the apprenticeship contract, this does not necessarily mean the employer can stop the training. The misconduct has to be so extreme that it means the apprentice can no longer be taught the trade. They can only be dismissed fairly for misconduct if they are effectively unteachable."

 

Yes, the question there is of course is- who defines 'effectively unteachable;' it is unfortunately his employer, as his contracts implies:

 

There is a probationary period clause in the contract which states the Employer reserves the right to terminate employment within the probationary period where it considers the Employee has not and is unlikely to attain the necessary standards to complete the Apprenticeship programme.

 

Luck

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Yes, the question there is of course is- who defines 'effectively unteachable;' it is unfortunately his employer, as his contracts implies:

 

It'd be the court who had final 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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Thanks for the responses.

 

Looks like they have themselves well covered then. I am just shocked they have not offered him any more help or training. The job is basically just cold calling, not exactly rocket science.

 

As an aside, the apprentices were called to a meeting a week ago by the Director saying the training company could be having funding cut, but they would not be "dropped in it" and he would continue paying them. Just seems strange timing to me.

 

Thanks again

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I don't think they do have themselves covered; believe me, I've tried to dismiss the worst time keeping, rudest apprentices and haven't been able to. Not legally anyway!

 

Do check if it is a contract for training or for employment; get it looked over.

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 don't think they do have themselves covered; believe me, I've tried to dismiss the worst time keeping, rudest apprentices and haven't been able to. Not legally anyway!

 

Do check if it is a contract for training or for employment; get it looked over.

 

Thanks again for your input Emmzzi.

 

I have made email enquiries to some local solicitors who deal with employment law. Maybe they will give me more of an idea of what sort of contract it is.

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