Apprenticeship rights
Author
Discussion

barker22

Original Poster:

1,037 posts

196 months

Thursday 31st December 2015
quotequote all
Hi all
The Mrs has found herself in a bit of a complicated situation with an employer which I am not so sure is legally allowed
The job isn't really important to the situation as its a normal job... no special exemption type

The facts are as follows

Official apprentice...£2 odd per hour malarkey
Taken on, on a 12 month fixed term contract(this bit is important)
Qualification looks like it will be completed approx 2-4 weeks after end of fixed term
Apprentice continually asked to not turn up to work due to no work today - unpaid
Apprentice has been told that they finish working in a few weeks(2-4 weeks before gaining qualification)

Now this all seems like they are trying to push her out to me. They tend to take on a new apprentice each year and not renew the contracts at the end, obviously using it for cheap labour as many do. Even more relevant in this case I believe as the Mrs is a 25yo apprentice so will be entitled to full adult NMW pay after the qualification ends.


The reading I have done suggests that an apprentice is legally exempt from a fixed term contract(set date to set date) so they can only be dismissed after the qualification or for gross misconduct etc. Can anyone confirm this?
Regarding the unpaid, don't turn up issue. I believe this is a 'depends what your contract says' sort of question?

Any help would be greatly appreciated on the next action.

Driver101

14,451 posts

150 months

Thursday 31st December 2015
quotequote all
Sounds like a right outfit.

Apprenticeships are normally temporary contracts.

You can't possibly serve any apprenticeship in one year. If you are over 19 and in your second year, you are entitled to the minimum wage.

It's as clear as day this company are up to no good.

barker22

Original Poster:

1,037 posts

196 months

Thursday 31st December 2015
quotequote all
Oh they really are
The thing with apprenticeships is thay can't legally enter a fixed term contract
https://www.gov.uk/fixed-term-contracts/what-count...

speedyman

1,630 posts

263 months

Sunday 3rd January 2016
quotequote all
And some people question if unions are still needed. With employers like this it would seem the answer is yes.