Wages Withheld Due To Performance

mazriel

As an apprentice, my wages work as follows (figures are for illustration, I am unsure of actual numbers) :

1st year 30% of full
2nd year 45% of full
3rd year 60%
4th year 75%
Improvers (5th year) 90
Full (6th year, and every year thereafter) 100 %

So my apprenticeship came to an end recently (4 years for time served, the further two are a company policy), yet my wage has remained the same. When I queried this with management I was told that the decision was made the week before, when I was on holiday, and that it could be discussed at the earliest next week.

There is a precedent within our company where a previous apprentice (who was eventually let go) failed a college class or two and had to resit them. This cost the company money through lost wages as he had to re-attend during working hours to complete the classes. His wages were held back for this and it was a bone of contention between them ever since.

My situation - I have completed all classes at the first time of asking, and had completed the work based (SVQ or NVQ) whilst at work at the end of my 3rd year, therefore meeting expectations and performing as I should have been. I EVEN ASKED MY EMPLOYER TO MAKE THE BEST USE OF MY 'LAST' YEAR IN OUR YEARLY MEETINGS SO AS BEST TO MEET THEIR CRITERIA FOR BEING KEPT ON.

Sadly, none of us on the floor have contracts of employment - some of us have worked here for 30/40 years. So really what I'd like to know is, what rights do I have? What is reasonable for them to withold wages for 'poor performance' and is it right that they can seemingly act with impunity with no timescales, warnings or opportunity for improvement for me?

I'll already be going into the meeting asking for my contract of employment, or a written statement detailing the basics, as well as noting their responses and asking them to sign the minutes I will take. They seem to enjoy operating in the shadows, and leaving the employees in the dark regarding their rights. None of us are union members either.

Any help or opinions are appreciated.

[Deleted User]

Being in a Union is the best thing you can do, in the meanwhile you could contact ACAS on 0300 123 1100 during the day time to get advise as the next suitable thing - they can advise whether you remain in this employment or are out of it. (I was a bit old and dim thinking you only contacted ACAS when employment was over, but that isn't correct) Probably best to stick in there, keep your cool with them face to face, whilst putting your grievance in writing. You'll then have options open to you as to what to do next.

sangie595

What am I misunderstanding? 30 or 40 years and you are an apprentice? Are you actually an apprentice? Are you still an apprentice? How old are you? Are you being paid the minimum wage? It's really unclear from this story what is going on.

Employers are not responsible for enlightening their employees or telling them what their rights are. You wanted to know your rights, that what you join a union for. Or you do it yourself. Or get a lawyer. You don't expect your employer to do it for you.

TELLIT01

sangie595 wrote: »

What am I misunderstanding? 30 or 40 years and you are an apprentice?

More 'mature' people taking up apprenticeships isn't all that unusual these days. My nephew has just completed an electrical apprenticeship at the age of 29. He was unhappy in his previous, deskbound, job so decided to do something about it. He was aware he would take a major hit on income for a period but was prepared to that in order to do a job he enjoys.

sangie595

TELLIT01 wrote: »

More 'mature' people taking up apprenticeships isn't all that unusual these days. My nephew has just completed an electrical apprenticeship at the age of 29. He was unhappy in his previous, deskbound, job so decided to do something about it. He was aware he would take a major hit on income for a period but was prepared to that in order to do a job he enjoys.

Yes, I realise that. But more "mature" and reaching retirement age are not exactly the same thing! If someone had been working 30 or 40 years, even taking the lower figure that is likely to place them at least approaching 50. Not impossible, but unlikely?

chrisbur

"Sadly, none of us on the floor have contracts of employment - some of us have worked here for 30/40 years. "
I read this as the OP referring to some of his work colleagues as having worked 30/40 years not that he himself had done so.

Dox

sangie595 wrote: »

What am I misunderstanding? 30 or 40 years and you are an apprentice? Are you actually an apprentice? Are you still an apprentice? How old are you? Are you being paid the minimum wage? It's really unclear from this story what is going on.

Employers are not responsible for enlightening their employees or telling them what their rights are. You wanted to know your rights, that what you join a union for. Or you do it yourself. Or get a lawyer. You don't expect your employer to do it for you.

You haven't read OP's post properly. It clearly says they have recently completed their 6-year apprenticeship (my apprenticeship came to an end recently (4 years for time served, the further two are a company policy)) and that 'some of us' have worked for the employer for 30 or 40 years.

agrinnall

I'd agree with those saying that the 30 or 40 years probably applies to other people rather than the OP, but he is wrong when he says none of them have contracts of employment, they all do, just that they may not be written down anywhere.

TELLIT01

chrisbur wrote: »

"Sadly, none of us on the floor have contracts of employment - some of us have worked here for 30/40 years. "
I read this as the OP referring to some of his work colleagues as having worked 30/40 years not that he himself had done so.

That's how I read it too. It seems odd to me that it was interpreted any other way.

sangie595

And regardless of what it all means, there isn't enough accurate information to make an assessment, so we are reduced to discussing what we think the OP meant. The OP says there's no contract of employment, but apprentices must have a contract to be apprentices! The details matter. And what anyone else may or may not have is irrelevant.

ReadingTim

sangie595 wrote: »

And regardless of what it all means, there isn't enough accurate information to make an assessment, so we are reduced to discussing what we think the OP meant. The OP says there's no contract of employment, but apprentices must have a contract to be apprentices! The details matter. And what anyone else may or may not have is irrelevant.

You could just admit that you misread or misunderstood the post.