redundancy on an apprenticeship

his_wife

Son has been doing an apprentice ship for two and a half years, its due to finish june 11th 2012. He received a letter yesterday, telling him today is his last day, but he will get paid untill next friday due to the economic downturn.

My question is , do they need to give him two wks notice as he has worked over two years, do they need to give him redundancy.. he has actually worked there three and a half years, but he done one year on placement for experience for free. Absolutely gutted for him, but what will be will be!!!

Thank you in advance for your replies

The_Pedant

First question is what contracts/agreements have been signed with the company regarding the apprenticeship? Do you have something like an apprenticeship contract/agreement and/or separate employment contract. If so, what do these state anything about early termination or redundancy? I don't want to get your hopes up, but some agreements do confer additional rights to protect the position for the full term.

Secondly, I'm assuming that this apprenticeship is with a private company and not the public sector?

Thirdly, how far away from the end of the apprenticeship are they?

I'm sure one of the experts will be along to advise more fully, but I would like to hope that unless they are at the end of the apprenticeship they'd be entitled to a minimum of statutory notice & redundancy pay.

his_wife

he is bringing his contract home tonight for me to see, it is with a private sector. I am almost certain he was protected for the full term, his contract actually finishes june 10th 2012, it was a two year apprenticeship, with an offer of a third providing he passed all exams, which he had, the third year started in september this year.

Thank you very much for your help, he has had no consultation period, so hopefully he will be entitled to 30 days wage, plus two weeks notice and redundancy.

aveylee

You may want to check whether he is an 'apprentice' or not. An apprenticeship is a special employment relationship, that normally means the apprentice is entitled to remain at work until his contract comes to it s natural conclusion (by expiry of a fixed time or by qualification).

Employers cannot just make a true 'apprentice' redundant as it is a contract to obtain a qualification.

However in turn true apprentices are not normally entitled to redundancy.

Which means that either he is not an apprentice, or the employer is laying themselves open to a claim for breach of contract (which can be significantly more than what a redundancy payment would have been).