Apprenticeship advice please

Albertsmum

My daughter has been working for a children’s day care centre for five weeks. She is 19 and quite shy and I didn’t realise she didn’t know what she was going to be paid until she got her first pay ( after one month, paid into her bank account) She gets £5 an hour . When she queried this they said that as an apprentice she should really be getting £3.25 an hour. But at no time has she ever been told she is an apprentice! I assume, from what I can gather online, that apprentice means you have a structured training programme, days at college etc. and a proper wage slip.
Can anyone give me advice on this or direct me to a helpful website.
Thank you

Neil_Jones

£3.25 is too low for a start for an apprentice. It is £3.90 for apprentices. Nobody 18 or over should be working for any less than £3.90.

Apprentices are entitled to the apprentice rate if they’re either:

aged under 19
aged 19 or over and in the first year of their apprenticeship

Example
An apprentice aged 22 in the first year of their apprenticeship is entitled to a minimum hourly rate of £3.90.

If your daughter is getting £5 as an apprentice, that is relatively generous but there are higher paying apprentice positions, they just can't drop below £3.90 (or £4.15 from April).

Being an apprentice means you should get 20% off the job training which is typically (not always) spent at college but can involve learning of some sort. You're entitled to a payslip by law, not by virtue of the fact you're an apprentice.

Savvy_Sue

She should ask for the details of the apprenticeship, including the formal training aspect.

If she didn't want an apprenticeship I'd suggest sticking it out until she can find another job.

Lesson learned I hope to ALWAYS check the t&c before starting.

walwyn1978

Apprenticeship programme manager here.

Has she done any training, either in the venue or elsewhere in the five weeks?
Has she signed any paperwork for the job, and did that mention apprenticeships at any point?
Has she been given any assignments to do (and/or English, maths or ICT work if she doesn’t already have those qualifications?)
Is she being left on her own with the children at any time (this isn’t allowed if you’re doing a L2 CYPW apprenticeship)
Is she working full time? As already mentioned apprentices get 20% off the job training. If not, what hours is she working?

Albertsmum

Thank you Walwyn1978,
She has done no training, and says she can’t remember signing any forms that mentioned training/apprenticeship. She hasn’t got any copies of any forms.
No assignments given ( she has 3A levels )
She is CONSTANTLY left on her own with 12 2/3 year olds. She has been given key children to observe and write all reports on ( after only three weeks experience??)
She is working full time (36 hours a week)
Basically she has been offered another job at another nursery with much better ratios/pay and it’s nearer. We are trying to find out what sort of notice she is obliged to do.

Neil_Jones

Notice required to leave will be in the contract, probably anywhere from 1 to 4 weeks is the norm.

Also see this:
https://www.gov.uk/handing-in-your-notice

Savvy_Sue

If she has nothing in writing, she'll have to ask.

Bear in mind she's been building up entitlement to paid leave every day she's worked. They can either let her use it as part of her notice period, or they have to pay her for it.

In the caring field, I'd strongly recommend union membership.

walwyn1978

Albertsmum wrote: »

Thank you Walwyn1978,
She has done no training, and says she can’t remember signing any forms that mentioned training/apprenticeship. She hasn’t got any copies of any forms.
No assignments given ( she has 3A levels )
She is CONSTANTLY left on her own with 12 2/3 year olds. She has been given key children to observe and write all reports on ( after only three weeks experience??)
She is working full time (36 hours a week)
Basically she has been offered another job at another nursery with much better ratios/pay and it’s nearer. We are trying to find out what sort of notice she is obliged to do.

None of this sounds like an apprenticeship. If they continue claiming it is, I would ask them for their training provider details - apprentices are supposed to know they’re on an apprenticeship and if not OFSTED can put the training provider into 3 or 4.

rachelaedwards

I am a very small company with 1 employee who is a 16 year old apprentice, she works 30 hours( this includes college) a week.Because she works 30 hours a week she doesnt have to pay tax.
On the goverment site it clearly states I can fulough her( so I have). I have contacted HMRC, they have said because she doesnt pay tax i now cant furlough her.
I am confused,she is registered correctly with the college, I even contacted HMRC at the beginning of her training Sept 2019 and asked did I need to register her,they said no,because she doesnt pay tax.
What do I do? How do I claim?
Why have they discriminated against small companys taking on apprenterships on the minimum apprentership wage?
I cant say one thing to her( from the goverment and apprentership team advise) then go back and say something different.

lincroft1710

rachelaedwards said:

I cant say one thing to her( from the goverment and apprentership team advise) then go back and say something different.

Why not?

Simply explain that you have now been personally advised that she is not eligible to be furloughed

Comms69

lincroft1710 said:

rachelaedwards said:

I cant say one thing to her( from the goverment and apprentership team advise) then go back and say something different.

Why not?

Simply explain that you have now been personally advised that she is not eligible to be furloughed

And indeed at £4.55 an hour, you're looking at fairly low numbers anyway. So a compromise might be to pay her something whilst all this goes on, even if it's not the full amount.