Employment rights for apprentice.

Redkat7

My 17 year old son is on a 2 year gas apprenticeship. His boss was forcing him to work 10+ hours a day and only paying him for 8, when we raised these excessive work hours with him - My husband kind of knows him as he is also in the trade. He got really funny with my boy. Making snidey comments to him, denying him holiday requests despite my son giving him 2 months notice, forcing him to work in the yard despite lead engineers specifically asking for my boy.
Since then he has tried to make him redundant but you can't make an apprentice redundant without being in breach of contract, he shouts and swears at him, forces him to work in the yard when he should be out on jobs getting the training he signed up to deliver. His latest trick is a disciplinary procedure. He has accused my son of burning 3 carpets in a customers house - there is a burn mark on one of them but it was under the old storage heater and only visible once they had removed the heater. Both my son and the lead engineer deny burning the carpet. He has not carried a full and thorough investigation, today my son was called into a disciplinary meeting - they did not provide him with a copy of the companies discipline policy, they have accused him of further allegations today at the meeting but it was the lead engineers work and not my sons. Thye presented evidence of a burnt to a crisp heat mat, claiming that it was my sons. Yet my son had his heat mat on him with his tools and when he checked the works inventory he was last issued with a heat mat on the 23rd of March this is the one in his tool box. But then claimed that he could of got another one. They are trying to titch him up, saying he is aggressive when he is just frustrated with what's going on.
I want to know where i stand with regards to an employment tribunal - i have experience of an unair dismissal case that i won. But as my son has only been employed for 7 months where do I stand? if they do dismiss him can i go to an employment tribunal? Also what i do about the hours he has illegally worked and not been paid for? I know he has more rights because he is an apprentice and the employer has a 2 year contract with him, and that the only way he can get rid of him is to build up an imcompetence case. I am in the process of writing a grievance letter any advice or help much appreciated. Especially if you know of any good websites with legal advice and law for apprentices.
TIA

Southend1

Redkat7 wrote: »

My 17 year old son is on a 2 year gas apprenticeship. His boss was forcing him to work 10+ hours a day and only paying him for 8, when we raised these excessive work hours with him - My husband kind of knows him as he is also in the trade. He got really funny with my boy. Making snidey comments to him, denying him holiday requests despite my son giving him 2 months notice, forcing him to work in the yard despite lead engineers specifically asking for my boy.
Since then he has tried to make him redundant but you can't make an apprentice redundant without being in breach of contract, he shouts and swears at him, forces him to work in the yard when he should be out on jobs getting the training he signed up to deliver. His latest trick is a disciplinary procedure. He has accused my son of burning 3 carpets in a customers house - there is a burn mark on one of them but it was under the old storage heater and only visible once they had removed the heater. Both my son and the lead engineer deny burning the carpet. He has not carried a full and thorough investigation, today my son was called into a disciplinary meeting - they did not provide him with a copy of the companies discipline policy, they have accused him of further allegations today at the meeting but it was the lead engineers work and not my sons. Thye presented evidence of a burnt to a crisp heat mat, claiming that it was my sons. Yet my son had his heat mat on him with his tools and when he checked the works inventory he was last issued with a heat mat on the 23rd of March this is the one in his tool box. But then claimed that he could of got another one. They are trying to titch him up, saying he is aggressive when he is just frustrated with what's going on.
I want to know where i stand with regards to an employment tribunal - i have experience of an unair dismissal case that i won. But as my son has only been employed for 7 months where do I stand? if they do dismiss him can i go to an employment tribunal? Also what i do about the hours he has illegally worked and not been paid for? I know he has more rights because he is an apprentice and the employer has a 2 year contract with him, and that the only way he can get rid of him is to build up an imcompetence case. I am in the process of writing a grievance letter any advice or help much appreciated. Especially if you know of any good websites with legal advice and law for apprentices.
TIA

Why would YOU go to a tribunal?

Why are YOU writing a grievance?

Why did YOU raise the issue of working hours?

If I was your son I would tell you to butt out and mind your own business before you make things any worse!

Having said that the boss sounds like a nasty piece of work, but really it's for your son to deal with if he chooses to, not for you to fight battles on his behalf.

paddedjohn

If they want him out they will find a way, his best bet is to move on before he gets his card marked more than it already is. If it was my son and I knew the boss I would be having a word out of hours so to speak.

marcarm

As he is doing an apprenticeship, does he have a training provider and an assessor? First step would be to talk to them.

ValHaller

Redkat7 wrote: »

I want to know where i stand with regards to an employment tribunal

You will stand in the public gallery if there is one, or outside if there is not.

Do not write your son's letters for him. Help him write his own if he wants to write and asks for your help

saintjammyswine

marcarm wrote: »

As he is doing an apprenticeship, does he have a training provider and an assessor? First step would be to talk to them.

Agree totally, they would be the first point of contact for your son to speak to about about this.