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Year contract as Apprentice but being made redundant?

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Comments

  • elisebutt65
    elisebutt65 Posts: 3,854 Forumite
    I've been Money Tipped!
    Dunroamin wrote: »
    Couldn't he go back into education, perhaps look at one of the Prince's Trust courses?

    We've tried that twice. He's not into studying and just wants to work now. Unfortunatly jobs for youngsters are like Hen's Teeth at the mo.
    Noli nothis permittere te terere
    Bad Mothers Club Member No.665
    [STRIKE]Student MoneySaving Club member 026![/STRIKE] Teacher now and still Moneysaving:D

  • Sues48
    Sues48 Posts: 285 Forumite
    If you are struggling financially he may br able to get hardship payments. Technically, under 18s don't qualify for JSA but under certain circumstance, eg, when their parents are on benefits and cannot afford to keep them, then hardship payments may be awarded.
  • Dunroamin
    Dunroamin Posts: 16,908 Forumite
    We've tried that twice. He's not into studying and just wants to work now. Unfortunatly jobs for youngsters are like Hen's Teeth at the mo.

    The Prince's Trust courses aren't studying. Have a look and a chat with Connexions.

    http://www.princes-trust.org.uk/need_help/courses.aspx
  • From a site for Local Authorities but still relevant to all employers,

    Ending the apprenticeship early

    Although apprentices have employment rights in terms of dismissal under the Employment Rights Act 1996 (ERA), the ability to dismiss an apprentice before the scheduled end of the programme is limited. It is a key feature of an apprenticeship scheme that it creates a relationship for the defined period of time that it takes for the employee to learn a particular trade. Therefore the relationship and contract cannot be terminated early merely by the employer giving notice to the apprentice. This means that the apprentice cannot be made redundant.
    Apprentices have significant additional rights that are not available to other employees. So, although a local authority is entitled to expect the apprentice to comply with the authority’s terms and conditions and management policies, the overarching protection for apprentices may override contractual provisions. Redundancy is one such area.
    If a business changes or there is a downturn in the economy and the employer can no longer fulfil the agreed training and work programme, this is a breach of contract and the apprentice will be entitled to receive remuneration and benefits to the end of the apprenticeship, and also compensation for the employer’s failure to train and the loss of prospects as a tradesman (Wallace v C A Roofing).
    This payment for damages for breach of contract and is not a redundancy payment and therefore the apprentice has no right to be redeployed. However, as a remedy for the breach of contract, the local authority may be able to provide a suitable alternative apprenticeship post, either in that local authority or another. Where an appropriate replacement apprenticeship cannot be provided, the apprentice should be dismissed for ‘Some Other Substantial Reason’ (SOSR) and receive appropriate compensation.
    If the employer wishes to end the apprenticeship early because there is sufficient evidence that there are capability or conduct issues that are substantial enough for the employer to conclude that there is no point in continuing with the scheme, then the early dismissal is capable of being fair (Newell v Gillingham Corporation).
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