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Keeping Within Budgets, Should I have to Resign?

By: Emma Jones - Updated: 23 Jan 2018 | comments*Discuss
 
Apprentice Employer Resign Company

Q.

My son has been employed by a major company since September 2007, as an apprentice for Electrical engineering.

He was told today to resign as the site had to let 3 apprentices go to keep within the budget. Being naive at 17 years old he has resigned.

Is this the way it should have been handled? Does he have any rights being an apprentice?

He received the Apprentice Team award November 2008, therefore he has been successful so far.

(Mrs D C, 19 January 2009)

A.

It is a shame that your son has been put in this position, especially at such a young age and after committing to his apprenticeship. Unfortunately, he is learning the hard way that companies are not always willing to treat their staff correctly.

Your son’s employer is not acting fairly and is using your son’s naivety to get themselves out of a difficult situation. Nobody can be forced to resign against their will, they must come to the decision of their own accord. Many people choose to resign instead of being sacked, but your son has done nothing wrong and is not in that situation.

Forced Resignation

It sounds as though the company wants him to resign so that they can claim it was his choice and not have to pay him redundancy money or come under fire for ceasing his apprenticeship. They want to make their lives easier, to the detriment of your son’s job and training.

As an apprentice your son has the right to be treated like a regular employee. This means that his employer has agreed a contract with him and must pay him and offer him benefits accordingly. His employer cannot decide to terminate this contract without due reason. If the employer genuinely cannot afford to keep employing him then he must offer him suitable notice and an alternative job if one is available. As he has been working for his employer for less than two years he will not automatically receive redundancy pay.

Unfair Dismissal

What has happened to your son is a from of unfair dismissal and he needs to stand up for his rights. If there is a liaison officer, or union representative at his work then he should approach them to help talk to his employer. If not, then he should approach the Citizens’ Advice Bureau or ACAS who will be able to help him further.

Try to net let this experience put your son off completing his apprenticeship. There is advice and help available to him and as he is already so far through, he should make sure that he completes it and learns from the experience.

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[Add a Comment]
julie a - Your Question:
My son was sacked today from his apprenticeship on the spot because he enquired what would happen if he applied for another job. Is this legal?

Our Response:
Much depends upon the circumstances. Gross misconduct can include things like theft, physical violence, gross negligence or serious insubordination and for this an employer can dismiss a person instantly. You can see more via the link here . Your son would also have to look at the terms and conditions of his contract to see what is deemed as a sackable offence. Another matter to take into consideration is the length of time your son has been with his employer. If he has been with his employer for less than two years, he cannot claim for unfair dismissal (unless the employer was deemed to be discriminatory). If your son is still in his probationary period (see contract), then his employer can dismiss him without recourse.
AnApprenticeship - 25-Jan-18 @ 3:17 PM
My son was sacked today from his apprenticeship on the spot because he enquired what would happen if he applied for another job.Is this legal?
julie a - 23-Jan-18 @ 6:02 PM
Richard - Your Question:
My son is in the 23 years old and in his 3rd year of his engineering apprenticeship and the company have said that they are not renewing his contract on the grounds of no budget for him. I believe this is against the law as he has a continual contact and is protected under the apprentice laws. I am I correct and what can we do. He loves his job and wants to stay on he also has the support of his managers and fellow workers

Our Response:
You would be advised to call ACAS regarding this matter. However, if your son's contract is due to end, there is no obligation for his employer to renew his contract. The terms of employment your son has agreed to would be found inside the contract.
AnApprenticeship - 18-Jul-17 @ 2:32 PM
My son is in the 23 years old and in his 3rd year of his engineering apprenticeship and the company have said that they are not renewing his contract on the grounds of no budget for him. I believe this is against the law as he has a continual contact and is protected under the apprentice laws. I am I correct and what can we do. He loves his job and wants to stay on he also has the support of his managers and fellow workers
Richard - 18-Jul-17 @ 11:27 AM
David - Your Question:
My granddaughter is currently working In Childcare as an Apprentice. She has been there over a year but has still not received a contract, does her employer legally have to provide a Contract of Employment? Also she turned 19 on Nov 5th, but her employer will only increase her wage from the start of the next pay period, which is Dec 1st. (And not backdate). This means she loses out on about 3 weeks of the increase. Is her employer allowed to do this? I assume the employer is getting funding, so is potentially gaining ??

Our Response:
Your daughter will have a contract of employment that lays out the terms and conditions of her position and she can request a copy from her employer, who is legally obliged to provide it. You may have to speak to ACAS regarding the payment, but I imagine it starts as soon as your daughter turns 19 and if so, she will be entitled to back pay.
AnApprenticeship - 8-Nov-16 @ 12:14 PM
My granddaughter is currently working In Childcare as an Apprentice. She has been there over a year but has still not received a contract, does her employer legally have to provide a Contract of Employment? Also she turned 19 on Nov 5th, but her employer will only increase her wage from the start of the next pay period, which is Dec 1st. (And not backdate). This means she loses out on about 3 weeks of the increase. Is her employer allowed to do this? I assume the employer is getting funding, so is potentially gaining ??
David - 7-Nov-16 @ 8:52 PM
@Nicky - I would have a word with your line manager and ask what they would suggest is the best route for you, therefore putting the decision on your employer. The fact you are a permanent employee who wants to progress and get ahead should be an encouraging sign, so hopefully they will support you and give you the best possible and most constructive advice to help you get ahead.
Ben - 22-Jan-15 @ 11:16 AM
Hi I would like to get an advice, am currently working for a company as a permanent employee and would like to take an apprenticeship to further my engineering skills and development to becoming a engineer, within the company that I work for and last when the vacancies were available I was told that I have to first resign as an employee of the company and reapply for an apprentice andam going to lose all my salary and benefits,and what about my 3-4 years of service and what about career growth?
Nicky - 21-Jan-15 @ 3:29 PM
Hi am stuck as what to do my 17 year old son starteda 12 month apprenticeship .leaving collage to do it .after 8 weeks he was told the company are movingand the budget doesn't include him and was told to go home and that was it .has he got any rights . Would appreciate some advise
rach - 12-Jul-14 @ 1:18 PM
My Niece has been an Apprentice since June in a Beauty Salon doing Beauty Treatments on a 3 month trial basis. The Apprentship is to start college in September to do Hairdressing, thats if the trial basis as been up to scratch! Surely how can she be classed and paid as a Apprentice when she hasn't even started college yet???
Sharon - 4-Sep-12 @ 12:59 AM
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