Am I Classed as an Employee If They Don't Pay My Wage?

Q.

I am half way through my first year as an Electrical Apprentice, however I recently lost my job. I have found someone who will take me on, but they can't afford to pay me.

My mum has agreed with the company that she will pay a weekly wage. This is so that I can finish my apprenticeship. The college have informed me that the company need to complete a form to say that I am employed and then they can I finish my apprenticeship otherwise it will need to go on hold. Can the company I work for class me as employed even though I am not getting a wage?

A.

Hello and thank you for your interesting question.

It is important to remember that the UK Government is keen to support apprenticeships, for 16 – 18 year old especially, so you have the law on your side.

In the current economic situation, there are many employment situations that are rewriting the rules, or certainly requiring some new rules to be written. I would suggest that your situation is not unusual and, rather like car plant workers accepting shorter working weeks instead of loosing their jobs, you are likely to not be alone.

Excellent Building Blocks

What is key here is that you want to work, you have found a company that will take you on and you have family support. These are excellent building blocks for a solid future and, without a little bit of realistic leeway, you cold easily be on the dole instead, which is neither good for you nor the future of the country.

Even though apprenticeships are a crucial part of the Government’s plans for maintaining its focus on full time education for all up to the age of 18, which it considers apprenticeships to include, there is surprisingly little rules and regulations.

In 2008, workers unions complained that apprentices were being taking advantage of by unscrupulous employers and stated that apprentices should be entitled to the minimum wage, or at least £110 each week.

Hard for All Employers

However, this is not law and may not ever be, especially with the current economic climate making it harder for employers to pay any staff, let alone people that they are not legally obliged to.

Many companies do not pay apprentices, although this is not all together fair, and they should at least pay £80 per week in the UK, £55 in Scotland, £50 in Wales and £40 in Northern Ireland, according to the Government guidelines.

For you, your mother and the new company to be totally above board, it would be a good idea for you to be paid the appropriate sum as stated above. The company can sign the form as required stating that you are an employee and you remain an apprentice for your college course. Be aware that, this year, some rules are being rewritten as the recession takes hold, so be prepared to argue your case if necessary.