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I was enrolled on an advanced level 3 Ict apprenticeship working for xxx. In my interview I was told that I would be building computer systems, installing and maintaining software and dealing with computer repairs. I was also told that up until Christmas time I might have to work in the warehouse for one week every month as they were understaffed in that department. It was November at the time and I agreed as I was desperate to find a placement and this company seemed perfect for what I wanted. I signed a contract with them saying that I was to work there for 12 months and that I was entitled to an apprentice wage.

 

From the moment I started working there I was kept inside the warehouse, lifting heavy computers and emptying cardboard and plastic bins. I didn't do anything technical for at least a month. The only reason I was allowed a couple of days of building computers was because everyday I was complaining that I was an IT Apprentice and this was not what I had signed up for. When the time came for me to go to college for my IT assignments, my manager at the time told the college that he was not willing to let me go and therefor I missed out on almost a whole months worth of training.

 

A few months later my manager was fired and a new person took his place. I was told that I would be able to do all of the jobs promised to me in my interview and that I would no longer work in the warehouse. I thought that would be a turning point and so I decided to continue my employment working at xxx. Every now and again my new manager would put me into the building side of production but only if I kept asking him. He kept saying that there was not enough work for us and that is why I had to stay in the warehouse. Three members of staff had left their building positions and I asked to be moved into their role but again I was told that there was not enough work and therefor I had to remain in the warehouse. Shortly after, the boss hired three new people to fill the roles.

 

I was unable to gather any evidence for my assignments and I was also unable to have my apprenticeship assessor come in to watch me working. Whilst I was at college I completed all my assignments (some of them had to be done in my own time) and received distinctions in every one of them. I also went out of my way to take on additional assignments and MTAs as I wanted to get the very best out of my apprenticeship. I had also planned to go onto higher education afterwards and I had an agreed plan with Newcastle College that I could enrol on a Foundation degree on the agreement that I finished my apprenticeship.

 

Three months before the end of my apprenticeship, my manager has claimed that there is not enough work for me and has said that he is terminating my employment. He gave me about a weeks notice and also said that I owed the company a weeks worth of pay. When I asked how I owed them this they said that they had taken my sick days away from my holiday pay. They were terminating my contract and therefor I was not entitled to the full amount of holidays that was agreed to in the contract.

 

As I have been unable to finish my work placement at xxx I am unable to go onto a higher education course, I am unable to pay my rent and bills and I have not received any of the training that I was supposed to. The health and safety at xxx was a complete joke and I believe that they had no intentions of training me as an IT apprentice at all. I have wasted nine months working at that company and in that time I have received zero training.

 

There are a great many other complaints I have such as the lack of health and safety and making us work outside of our contracted hours for no extra pay. I am wondering if there is anything that I can do right now? I have been reading up on apprentice rights and I believe that I have been unfairly treat and unfairly dismissed. I believe that because they terminated my contract early on the basis that there was not enough work (which there was) I should be compensated for the full duration of the apprenticeship contract. I am now left in a position where I cannot complete my apprenticeship and therefor I have nothing to show for all my hard work. As I don't have the training or experience that I was supposed to have, I cannot find employment working anywhere else.

Edited by honeybee13
Removing company name.
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remove the employer name and I'll reply tonight....

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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Why remove the employer name ?

 

Is the word 'Apprenticeship mentioned in you contract ?'

 

 

We've always removed employer names on this forum, Conniff, precaution in case things turn legal. I have edited.

 

HB

Illegitimi non carborundum

 

 

 

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Hi and welcome to CAG,

 

While not wanting to overload this thread with Mods, I did find this article.

http://www.personneltoday.com/hr/legal-qa-employers-obligations-towards-apprentices/

 

As asked above, ensure the word 'apprentice' appears on the contract

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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I should have realised that I had used the company name and I won't do so again. The word Apprentice is plastered all over the contract and I have a whole folder filled with documents that have been signed by both my old manager and new manager. I have apprentice learning progress reviews and a separate apprenticeship agreement that I made sure to get in case they didn't honour my apprenticeship contract. I honestly don't think it's fair what they've done and I'm hoping that I have enough evidence to be able to hold them accountable for that.

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Your local Trading Standards people might be interested in their behaviour - after all a lot of the apprenticeships are meant to be approved at some kind of local level.

 

Not my area of expertise but they would be worth a try.

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There are special contracts and terms for apprentices. My dil was let go when her company wanted to move to China and ended up with a nice fat cheque. They must find you work elsewhere if I remember correctly.

I will ask and get back.

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the government pay companies a proportion of the training costs and you should have a point of contact at the college that accredits the apprenticeship. Speak to them and tell them what has gone on, they can do several things as regards to the educational aspect and also do a bit of arm twisting when it comes to money. If you dont have day release or similar then the wording of your apprenticeship is very suspect so have a chat with ACAS and see if they can offer guidance on both the dismissal and the breaking of the apprenticeship bond. The company owe you money as what they say about sick pay and holiday is untrue, again different rules apply to apprentices as you basically agree a set figure for the year

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Have a read here

 

http://www.anapprenticeship.co.uk/making-apprentice-redundant.html

 

Seems like a reasonable case for an E.T. to me. The problem is, you need cash to lodge the claim - supportive parent who could fund, maybe?

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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