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

Author: Emma-Jane Batey

J.S asks

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?

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 losing 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.

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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 pay the minimum wage, 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.

The Next Step

Now that you have read through the advice above, you might want to put it into practice. Our Apprenticeship Eligibility Checker lets you tell us about your situation and find out which UK apprenticeships you qualify for and how to apply. Try it now →

9 questions

Ask An Apprenticeship a Question

Sailor1 19/09/2019 at 11:18 am

Hi

I am under an apprenticeship scheme with The MOD working for the Royal Fleet Auxiliary as a seaman apprentice.

I am currently working abroad for 4 months (no I dont get to go home in that period)

We have been told that we work 7 days a week (at around 40 hours PW).. I am concerned that this is wrong an we are working too much and should be given a day off during the working week.

We have also been told that we will get 4 weeks of leave at the end of the 4 months deployment.

Can someone explain to me if we are working the correct routine/days

Thanks

tossy 18/01/2017 at 11:54 am

My son is serving an apprenticeship ( Joiner/Carpenter—Fas Run)…..His employer finishes him every evening, an hour earlier than he is supposed to finish,( 2 hours on Fridays) and stops payment for this time……

Can he do this…..My son is losing a lot of money, and NOT through his own fault……..Can you please let me know if this is legal….

Concerned Parent….

AnApprenticeship Editor 07/12/2015 at 12:45 pm

You would need to call ACAS to find out her rights.

Purdie17 05/12/2015 at 1:46 pm

My daughter is an apprentice hairdresser earning £3.50 an hour. For the last 3 months her wages haven't been paid in full on th specified date and have been paid in little bits. This month she has only been paid half wih no explanation or any indication as to when the rest will be paid. She is ill this week and has messaged to say she is still ill this morning and her employer hasn't even responded she has just put a message on the group work chat saying molly I'll and not coming in the works night out. My daughter also asked in the message when she could expect her pay with no reply. Is her employer getting funding (I'm sure she is) so clearly she keeps that for herself and her other employees and doesn't pay my daughter. What is the way forward with this.

Ela74 22/05/2015 at 9:54 am

Hi Karen I heard you're son has not been paid by key rail training ltd I believe I could help you if I could contact you or you could contact me if you would like to do that I will forward you my details

mamie 24/10/2014 at 11:48 am

my son wants to start a football apprenticeship but he only has 30% heart capacity and was told that it wouldnt matter because they just dont insure him and also would he be considered as employed and loose his child benefit if he went ahead with this apprenticeship?

karen 26/09/2014 at 2:35 pm

hi my son has been doing an apprenticeship with a company called keyrail training ltd doing track maintenance but for the past 3 months he has not been paid his still been going into work as the boss keeps telling him he will get a payment but his still has not been paid i myself have spoke to the boss and he told me that my son will be paid and when i try and ring him now he does not answer the phone what can i do

tinkerbell 31/08/2011 at 7:48 am

I am partway through my level 3 in hairdressing and have been based at my work place over 3 years. I'm 19 and receive £95 a week. I am the only junior so I receive insufficient training, instead doing all the menial tasks I carried out in my first 2 years, I don't attend college (although I did for my level 2) has my employer wanted to train me in house, however this has not worked out due to the fact she only spends 1-2 days a week at the salon and is then with clients so I am given hand outs to complete in my own time.I've recently found out that I'm pregnant and within a week of informing my employer, was told I'd have to register for self employment as they're setting on 2 part-time trainees. As I can't afford to be self employed because I don't have a client base then I have no option but to leave. I know this is probably what they want but I can't see a way out. This is causing me a great deal of stress.

Josie 23/03/2011 at 11:05 am

Hi, I am 2 months into an Apprenticeship working as an 'Apprentice Clinic Receptionist' at an NHS hospital. I go to college 1 day a week every other week, and am finding it very difficult financially, am I classed as a student? Discounts/free prescriptions and dental check-ups would be a help!!

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