Apprenticeship Notice Period

[tired mommy x]

Unsure if I am in the right section to ask this question so apologies if I am not.

 

My daughter is currently on a hairdressing apprenticeship with a local salon and will have been there 2 years in May. She has qualified for level 2 Hairdressing and should be going on to do the level 3 as a designer in the salon.

 

A couple of weeks ago the owner of the salon took her to one side and advised there were no designer places available and she needed to have a think about her options whilst she was off the following week.

 

He didn't advise her what her options were and gave her no indication of where she could find any assistance with it. Just to consider her options. He didn't sign her up to the new Apprenticeship people they have gone with despite transferring all the other assistants. She told him her Dad would probably ring him to speak to him about this matter and was told he didn't know why her Dad would ring as he didn't have anything to say to him.

 

On Saturday he took her to one side again and told her he is giving her one months notice. They usually on give one week but he thought that was a bit unfair given the amount of time she has been there. He will give her the contact details of the lady who runs the scheme for them and 'hopefully' she will be able to assist my daughter in finding another placement to do her level 3.

 

I am trying not to interfere in this as she doesn't want to make it awkward in the last month of her working there. But at the end of the day, she is only 17 years of age and obviously not as worldly wise as her mother.

 

I think he should give her this notice in writing and not verbally. I also think he should advise the reason for letting her go. I think the 'talk about her options' was his way of telling her to go and when she didn't, he had no option to tell her.

 

I know there has been one member of staff who has been doing a lot of tale telling to the owners wife and this has included my daughter in the tales more than once. She has 'invented' a problem between my daughter and another member of staff when there wasn't a 'problem'. This was confirmed by both girls. I had to have words with the owners wife regarding her conduct at having my daughter in tears over this matter.

 

The salon is well known in the hairdressing community for bullying its staff but my daughter has managed to stay of the radar so to speak.

 

Half of me wants to let it go and get her the hell out of there and the other half of me wants to go in and rip his limbs off.

 

So if you can answer any of my questions below I would be grateful.

 

Can notice be given verbally?

Can I ask for it in writing giving the reason for it?

If he puts it in writing the reason is no designer places available, then makes somebody a designer, do I have any comeback?

 

Any help or advise anyone can give would be great.

[sgtbush]

I found this.

Types of apprenticeship

 

There are two different types of apprenticeship, and the distinction can have a major effect on the relationship between employer and apprentice.

 

Contracts of apprenticeship are governed by common law principles, are generally for a fixed term, and cannot be terminated early except for in cases of extreme misconduct. They can be created orally, and even without the use of terminology such as “apprentice” or “apprenticeship”. The defining feature is that training is the main purpose of the arrangement.

 

Apprenticeship agreements must comply with an “apprenticeship framework” published by the Govern-ment and incorporate a training element, generally through an external training provider. Government funding is available to cover part of the cost of this training and, unlike under a common law contract of apprenticeship, an apprentice can be dismissed in the same way as any other employee.

 

Due to the availability of government funding, and the knowledge that the apprentice will not be able to benefit from the increased protections afforded to common law apprentices, the ASCLA will be the preferred option for most employers. A good rule of thumb is that, if an arrangement does not meet the requirements of ASCLA, it will be a common law apprenticeship. It is therefore important for employers to ensure that the ASCLA requirements are met.

 

Also this

 

An employment tribunal has awarded £25,000 for breach of contract to an employee whose apprenticeship was ended early. Stephen Simpson rounds up recent employment decisions published on the new online database of first-instance tribunal judgments.

 

£25,000 award for apprentice whose apprenticeship ended early

In Kinnear v Marley Eternit Ltd t/a Marley Contract Services, the employment tribunal awarded a roof tiler £25,000 over the breach of his contract of apprenticeship

 

 

 

To sack an apprentice they must follow the same procedures as an ordinary employee.

Is it fixed term apprenticeship?

I think they are on dodgy ground

[honeybee13]

sgtbush, do you have a link to what you posted please?

 

tired mommy, you posted in the Media subforum, I've moved you to the main one and left you a link to follow.

 

HB

[sgtbush]

http://www.google.co.uk/url?q=https://www.personneltoday.com/hr/25000-early-termination-apprenticeship-contract/&sa=U&ved=0ahUKEwjn0Z649bzaAhVLa8AKHb0IA0oQFggLMAA&usg=AOvVaw2I7tTAu3xB63P5CFMo00ib

 

 

http://www.google.co.uk/url?q=https://www.personneltoday.com/hr/apprenticeships-how-to-avoid-employment-law-problems/&sa=U&ved=0ahUKEwjn0Z649bzaAhVLa8AKHb0IA0oQFggOMAE&usg=AOvVaw0qSjKY1rOy5Umgg3tLPgOD

 

 

http://www.google.co.uk/url?q=http://www.hrmagazine.co.uk/hr-most-influential/profile/legal-ease-dismissing-apprentices&sa=U&ved=0ahUKEwjn0Z649bzaAhVLa8AKHb0IA0oQFggXMAQ&usg=AOvVaw2z7hjkIs44KFJflrSnMZlg

[honeybee13]

Thank you.

 

HB

[tired mommy x]

Thank you for your comments. I will did out the contract. Am I right in thinking that if it is fixed term, he cant get rid of her early? I think she was actually given her contract in the August, but I cant be sure till i find it. How do I know if it is fixed term?

 

I will study the links supplied.

 

Thanks again.

[ericsbrother]

apprenticeships are usually fixed term and the apprentice cant leave or be sacked unless both parties agree to end it. Yes, dismissal must be in writing. the notice period is not a week but a month anyway and that will be paid if the owner doesnt want her to work her notice. She will also be entitled to any accrued holiday (irrelevant if she is told to stay away) but the other important things the govt pays the employer to take on apprentices so the college or apprentice tutor should also be informed and they will tell the relevant gov dept so the y stop paying the employer.

 

If it is a fixed term apprenticeship then she gets paid until then end of the contract period. She should still notify her tutor though and they may be able to find her another placement for next year. hairdressers are the trade most likely to go bust and that is often because the people running them dont know how to run a business regardless of how good they are with customers and doing the actual job. your daughter shouldnt take this too personally given the business sector she is going into. My younger daughter suffered the same kind of treatment and I had to write a couple of stiff letters and put up with being screamed at down the hone. She eventually changed direction into a customer service environment instead

[tired mommy x]

Still trying to locate a copy of her contract. Don't want to arouse his suspicion and ask for a copy. Looking on my calendar for last year, I think it was signed around June time.

 

The notice in writing still hasn't appeared and we are now 2 weeks in. The boss's wife has told her she is now on the national minimum wage so her wages for this month will be a bit higher than normal.

 

She has spoken to the lady who comes in to the salon to train and although she hasn't been signed up to them, she has agreed to help her find a new position and has put her on her list. She advises she is near the top - but unable to guarantee anything at this moment. If I was to contact her, would she be under any obligation to speak to me?

 

She has been taken off the training schedule and is down to work in the salon only. The boss actually advised her that things may still change yet. He said they may keep her on or she may find another job.

 

As I have had words with his wife before now, I think that maybe just to sweeten her as I haven't jumped in and done anything yet. Obviously I want to get my information correct before doing so.

 

I have asked my daughter to request her notice in writing - does anyone think that will affect the way that he treats her going forward?

 

Thank you.

Tired Mommy

[Emmzzi]

should be a three way agreement wwith the college/training provider, so check if they have a copy?