Apprentice son being made redundant

ohreally wrote: »

Wallace V C A roofing services and Whitely V Martin Electrical, it was not possible to terminate the apprentice on grounds of redundancy.

An apprentice wrongfully dismissed can claim a sum representing loss of future prospects as a qualified person, Dunk V George Walker & son ltd.

An apprentice is employed for the duration of the apprenticeship (unless serious misconduct).

You should seek assistance with this.

I am sorry but it IS possible to terminate an apprenticeship due to redundancy or other reasons. The specific case law quoted falls into the trap I have often pointed out - case law only applies when the case is sufficiently the same as the circumstances of the new situation - and only if applied by a court. In other words, unless you take it to a tribunal and the tribunal agree that the case law is sufficiently applicable. I do agree that legal advice on the specifics would be necessary to determine whether a possible case exists because the employer has more obligations on them to make an apprentice redundant: those may include finding another provider for the apprentice. If, indeed, the OP's son is an apprentice, which it appears they may not be.

But none of that would, in any case, address the fact that the son could equally be deemed to be in breach of contract (if they are an apprentice) for not have undertaken the approved elements of training. Nor the fact that the easiest thing for the employer to do is to agree and keep them on - until they leave of their own accord because they are in a very vulnerable position with a small employer; or get dismissed for something else, which the employer can do. Or even, that the employer simply closes and phoenixes the company - easy to do with only a couple of workers.

At the moment it appears that the employer is offering £1500 - money that will easily disappear in legal costs with no future guarantee that there will be a tribunal win or any employer to pay up at all. There is little lost because the lad has only worked there for a few months, and tbh it sounds like the apprenticeship could easily have been worthless anyway. I'd still suggest that he take the money and run... into a better apprenticeship.

BTW - I am laying bets that the employer has already taken legal advice and that is why there is an offer on the table. It, and the employer, might not be there the week after if he decides to appeal. Which, of course, he must do if he is to make a claim to a tribunal. He will have to appeal the dismissal and say why he is appealing. Don't expect the employer to exist the day after he does. But my impression is that the employer is following (what seems to be good) advice, denying the apprenticeship and putting the wage issue down to an error which he is correcting. Without any evidence of the apprenticeship being in place - he has had no contact with a training provider, hasn't asked for it, and hasn't attended any training elements - that could be a rather convincing strategy.