Making an Apprentice Redundant

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Making an Apprentice Redundant

Apprentices have a distinct legal status that sets them apart from other employees. This difference matters most when a business runs into financial trouble and starts thinking about redundancies. Many employers assume they can treat apprentices the same as anyone else on the payroll, but the law sees things differently.

Before making any decisions about an apprentice's future, you need to understand the specific protections that apply to them and which type of contract governs the arrangement.

How Apprentices Differ from Standard Employees

The level of protection an apprentice receives depends heavily on the type of contract in place. There are two main categories: the traditional "contract of apprenticeship" and the modern "apprenticeship agreement" introduced under the Apprenticeships, Skills, Children and Learning Act 2009.

A traditional contract of apprenticeship commits the employer to providing training and allowing the apprentice to develop skills over a fixed period. Courts have historically viewed these contracts as requiring employers to see the training through to completion, except in limited circumstances. These contracts offer protections that differ significantly from standard employment.

Modern apprenticeship agreements are more closely aligned with ordinary employment contracts. While they still involve training obligations, they may allow for termination under conditions similar to those applying to regular employees, including redundancy in certain situations.

If you are unsure which type of contract applies, check the original paperwork carefully. The wording and structure of the agreement will determine which legal framework governs the relationship. You may also wish to seek advice from Acas or consult a solicitor familiar with employment law.

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Can You Make an Apprentice Redundant?

The answer depends on the contract type and the specific circumstances. For apprentices on traditional contracts of apprenticeship, ending the arrangement early because of financial difficulty is often not possible. Tribunals have frequently found employers to be in breach of contract when they have tried to dismiss such apprentices on redundancy grounds.

For those on modern apprenticeship agreements, redundancy may be permissible where the employer follows proper procedures and the circumstances genuinely warrant it. However, this area of law remains complex and the outcome can vary depending on the specific terms agreed.

Serious misconduct by the apprentice, or a genuine inability to continue providing the required training, may give grounds for early termination in some circumstances. If your business is facing complete closure, ending the apprenticeship may be unavoidable. Even then, you could still face a claim for breach of contract, particularly if the apprentice is on a traditional contract.

Statutory redundancy rights may still apply regardless of the contract type, so you should factor these into any calculations.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

What Happens if You Get It Wrong

Dismissing an apprentice on a traditional contract of apprenticeship without proper grounds can result in a breach of contract claim. Unlike standard unfair dismissal claims, which are capped, breach of contract damages for these apprentices can include compensation for the loss of training and future career prospects. Tribunals have awarded substantial sums in the past to reflect what the apprentice would have earned and learned had the apprenticeship been completed.

For apprentices on modern agreements, damages are typically more limited and align more closely with standard employment dismissals.

There may also be consequences for your relationship with funding bodies. Employers who receive government funding for apprenticeship training and end apprenticeships improperly could be barred from accessing future funding through the Education and Skills Funding Agency.

What to Do Before Taking Action

If you are considering ending an apprenticeship early for any reason, take advice first. Acas offers free and impartial guidance to employers and can help you understand your options. For complex contract disputes or situations involving traditional contracts of apprenticeship, you should also consult a solicitor with expertise in employment law.

Review the apprenticeship agreement carefully to understand the exact terms and any provisions relating to early termination. Identify whether your apprentice is employed under a contract of apprenticeship or an apprenticeship agreement, as this will determine their level of protection.

Consider alternatives before moving to dismissal. Can the apprentice be transferred to another part of the business? Is there another employer who could take on the apprenticeship? The National Apprenticeship Service or your training provider may be able to help find alternative placements. For detailed guidance on apprenticeship rules and employer responsibilities, visit GOV.UK.

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Ask An Apprenticeship a Question
AnApprenticeship Editor 17/05/2026 at 1:32 pm
@? That's a rough situation, especially so early in. Your friend should ask the employer for written confirmation of redundancy and the reason, as apprentices have specific protections and a proper process needs to be followed. It's worth contacting the training provider straight away too, since they can often help place apprentices with a new employer to continue the course. ACAS is also a good free port of call if anything feels off about how it was handled.
? 02/11/2024 at 9:17 pm
A friend of mine (18) has been made redundant in the second month of their apprenticeship. They had 7 people on their course, and 3 of which have had to go.
Beth 04/06/2021 at 11:48 am
My daughter is due to finish her hairdressing apprenticeship in January (extended by six months due to COVID) . She has been told today that her employment will be terminated when she turns 21 in July as the salon can no longer afford to employ her when her rate of pay increases. Is this right or should she be entitled to finish her apprenticeship?
Chrissy 23/02/2021 at 9:10 pm
My son has just finished the first year of his apprenticeship and been furloughed twice in that time. He started the second furlough in November but has now received a letter stating he’s redundant at the end of this month (February) due to a lack of work
Where does he stand with this? Thanks
Chrissy 23/02/2021 at 9:09 pm
My son has just finished the first year of his apprenticeship and been furloughed twice in that time. He started the second furlough in November but has now received a letter stating he’s redundant at the end of this month (February) due to a lack of work
Where does he stand with this? Thanks
Concerned Girl 17/02/2021 at 4:25 pm
If you have 6 months left on your apprenticeship, you can still complete even if you are made redundant. There are loads of useful information on the government website: https://help.apprenticeships.education.gov.uk/hc/en-gb/articles/360013279999-Apprentices-that-have-been-made-redundant
DRich 31/07/2020 at 3:34 pm
Can an apprentice claim against a redundancy (done to save the business money) if they’ve only been there 20 months?
bADGER 23/06/2020 at 1:14 pm
WHATS THE POINT OF THIS SITE IF YOU COMMENT BUT GET NO RESPONSE OR ADVISE?
Louise 20/06/2020 at 7:40 am
My son is also in this situation, now about to complete the 2nd year of his 3 year apprenticeship and recieved a phone call to say they were going to have to let him go. No consultation period!!! 2 years of wasted study as can't complete his qualification.
What can we do, please advise.
King regards
Louise
Hammer 19/06/2020 at 12:00 pm
Hi my son is on a apprenticeship and has six months left to go. His company has informed him today that he could be made redundant?? Can you please give us some advice.

Kind regards
AngryApprentice 07/06/2020 at 2:32 pm
I've been studying my horticulture apprenticeship for almost 2 years. Now that the furlough rules are changing I've been made redundant. I've already started part of my final exams and passed with a distinction. All my hard work was for nothing now I can't complete the last part of my EPA. I've been doing tough physical labour for half of minimum wage for the last two years and now I can't even get the qualification I've been working towards. How is this fair? I've feel like I've been used and thrown away, but I'm sure my employers thought very hard about how they couldn't possibly afford to keep me on while they were relaxing in one of their four luxury houses... There needs to be more support for apprentices at these times.
Annie 04/06/2020 at 12:47 pm
My son is in his first year of a higher apprenticeship but is being considered for redundancy. Will Boris Johnsons promise make a difference to him ?
Jb9877 03/06/2020 at 1:52 am
Hello I'm an 18 year old who has been doing an apprenticeship with nissan as a vehicle technician. I have been put on furlough since March due to covid 19 but yesterday I received a message that my dealership will be closing down due to the finishing of the lease for the site and i am being made redundant. Any advice on what to do from now on? I will soon have a meeting with my manager about what will happen however I would like to know what I can do in this situation? Any questions I should ask my manager?
Alexia 01/06/2020 at 11:12 pm
My company are currently looking at making a lot of people redundant in our business. I believe they will be asking for voluntary redundancy before making the decision on who will be made redundant. Can I as an apprentice put my name forward for voluntary redundancy? And can I be made redundant?
Margaret 27/05/2020 at 8:59 am
My son was furloughed in March, he has now been made redundant with immediate effect due to covid 19. I have spoken to the training company to ask for help, they said because the company fully fund his training, he can’t even carry on with his functional skills. We are at the loss, do you have any advice?
Me 13/05/2020 at 1:16 pm
My son is 2 months from finishing a 3 yr electrician apprenticeship. He was furloughed in March but has now been told he is redundant. What can he do. He needs to complete the NVQ side with a employer but no one wants to take him on due to currant situations. He has done 3 years is this all for nothing. He is so close to getting a qualification. I just don’t know what to do.
Ryan Warner 29/04/2020 at 9:10 pm
Hi, Im a 20 year old lad from Sheffield and I'm currently on a level 3 advanced apprenticeship with CW fletchers aerospace and nuclear engineering, under the current circumstances with Covid19 I have been placed on the furlough retention scheme however there are speculations that reduncey are going to hit afterwards I was just wondering if I can be made redundant as I have researched different sites are telling me I can and some are saying I can't. Thank you for you time
Ghost 25/04/2020 at 1:14 am
Hi there I am 20 years old doing an apprenticeship I am going on my 3rd year passed everything at college so far and a very good apprenticeship at work because of this Coronavirus I have been made redoubt due to not able to pay wages and company not making enough money how do I go about this? I only have one year left after this the I am qualified but now I’ve been made redundant and now jobless I have seen things about you can’t make an apprentice refund unless you pay good amount of money does anyone know anything and could help me out?
Fatema 01/04/2020 at 10:53 am
I am Fatema Khanom aged 20. I am currently doing my level 3 childcare Apprenticeship, nearly finished. I have been working in Docklands Day Nursery Leytonstone for a year now. Due to the corona virus my work has laid us off from work from the 23/03/2020. I am not getting paid. I want to get any kind of benefit pay. What do I do?
Max 17/03/2020 at 6:18 pm
My son was called out of his college course to speak to his manager on the phone who told him and a colleague that they were redundant on 31st March he received a letter the day before explaining they were going into consultation he had his meeting on the 16th March and today has received a letter for a further meeting
Two points can they make him redundant and have they acted fairly in the order they have conducted themselves
Jean 21/01/2020 at 11:57 pm
My grandson was in the middle of his second year joinery apprentice, he had been subdued for a while and didn’t want to go to work, .He went to the doctors and , he said he had depression and needed to talk about it, he didn’t take any time off. That evening his boss phoned and asked what doctor had said, he told him and the boss told him to take another day off, when he went to college the day after they knew about it. Next day in work he was given a job up on a roof, when the boss came in he said get him down off that roof , I don’t want him throwing himself off, he got down and was told he was on light duties till they had a letter stating he wasn’t that badly depressed. Two days later he was called to a meeting with the boss and college, the boss asked him if his depression was anything to do with work. College said he didn’t have to answer that, but he said yes some is to do with personal life and some work, the boss then asked why. He replied honestly saying that for the last three months he hadn’t done any joinery he just did general labouring, and he felt he wasn’t learning anything. The boss then said well I don’t have enough joinery work on at the minute I’m a building firm not a joiner firm, so I suggest I terminate your employment. My grandson feels he shouldn’t of told him about his depression, because now he has lost his apprenticeship, college says if he doesn’t find another apprenticeship he will be kicked out of college, and he was doing so well, but learned more in that one day at college than he did at work. He just paid him up to that day, and I’m afraid that apprenticeships don’t come up very often in our part of north west Lancashire. Does he have any rights, can he complete his joinery course without having an apprenticeship?
Kal 06/12/2019 at 4:36 pm
Is it legal to make a first year redundant because black of work? In Australia!!
Tina 10/09/2019 at 9:27 am
Hello, my son's apprenticeship is coming to an end after 3 years level 3 carpentry, his employer has stated that there won't be a job when it ends. Does the employer have to put this in writing?
Lcoole 21/08/2019 at 10:36 pm
Hi my 19 yr old son has had his hrs cut twice in the last few weeks from 30 to 13. His boss has taken on his own son as an apprentice (2nd july) and 2 weeks later cut my sons hrs because there wasn't enough work. And last week cut them again to 13 hrs. Does my son have any rights? It's a small family run business (just the 3 of them) it just seems very unfair to take on another apprentice then cut my sons hrs in half when he's been there a yr. Any advice would be much appreciated. Thanks
Mimph 03/08/2019 at 8:10 am
My grandson has to attend a meeting to discuss reduntancy, his employers are trading at a loss. He has been informed he can take a union rep or a work colleague with him. He is due to fininsh his apprenticeship in five weeks time. How does he stand?5
Lili 17/06/2019 at 12:02 am
Hi.
I just wanted to know how often the companies are allowed to make the apprentices redundant?
Is it legal to make redundancy every 3 months ?
Is there any policy to force companies to follow regarding the period between redundancies?
Sean 05/06/2019 at 6:43 pm
My 19 year old son has just told me his firm have given him a weeks notice, after being on with them just short of 6 months, all this after being asked to sort out his college, which he has done, and they just needed to pay the fees.
Any advice would be appreciated
Kate 18/05/2019 at 12:38 pm
I am at the end of my level 3 my boss has closed the salon my tutor isn't responding to my calls and messages I haven't been paid this month I do not know what to do please advise thanks
Michael Day 20/02/2019 at 8:07 am
Hi, my son apprenticeship has been terminated into his 2nd year due to a downturn in business and 12 employees in total were asked to leave, although my son was the only apprentice. He had an unblemished record and past all exams with distinction. Please could you advise of our rights and how to proceed.

Many thanks.
Dp 06/02/2019 at 11:19 am
My daughter is on her 2nd year of an apprentiship and due to her being pregnant her company are treating her unfairly, they have cut her hours due to costing of the nursery and are now making her redundant as she has a doctors letter to say she is fit for work but amended duties is this legal
Jools 11/11/2018 at 1:39 pm
My stepson is in his his third year of an apprenticeship and the company who he is working for has gone into liquidation. What are is rights. What can we do.
Lozza 03/11/2018 at 12:55 pm
Hi. My son started an apprenticeship in July and has just been told he's been laid off due to not enough work and the company isn't making enough money to keep him on.

What are my son's next steps? He still hasn't been paid fully for the days he has already worked.

Thanks
Shaz 31/10/2018 at 8:53 am
Hi I am looking for advise on my 16 year old son he started a apprentership with a bus company and has been finished now due to them having no work I was sent this link what are the next steps in this position
Lilly 22/10/2018 at 8:41 am
Hi my son who is 19 and has disabilities and is in the middle of an apprenticeship came home last week to say that he had been given a two week notice as they can not afford to keep him on, this would leave him not being able to complete his apprenticeship as he has to be observed doing certain tasks that only get done in the placement please advise
Shaz 22/10/2018 at 8:39 am
Hi my son is 16 he started a 2year apprentership this year and has now been laid off due to no work he is trying to get a job but obviously carnt pay lodge and we get no support for him is thier any help we can get please he is gutted
Lilly 22/10/2018 at 8:35 am
Hi my son who is 19 and had disabilities works as an apprentice in a garage came home last week to say he had been given two weeks notice as they have said they can not afford to keep him on. I found the letter from college which has a start date 11/9/17 and end date 28/6/19 and without the placement he will not be able to complete his apprenticeship please advise
Fifi 19/10/2018 at 6:15 pm
Just after some advise my daughter has come home today saying that the company she has an apprenticeship with is releasing her as it’s kinda not working out as they thought and that they thought she would be further on than what she is - only start her course on 26 sept, she did her A levels in business studies and her apprenticeship is accountancy . they started her employment back end of July beginning of aug, they have said she can continue to do her course just want some advise if they can do that
looiebelle 28/09/2018 at 12:43 pm
My Daughter was 16 and taken on as an ' Apprentice ' in September 2017. She was paid Apprentice wages.On 24th November 2017 she was put on an 18 month NVQ training course with an end date of 24th May 2019.

She has just been told her apprenticeship will end on the 21st October but given no reason why.She can' remember ever being given any of the formal contacts / deeds that an apprenticeship requires. A series of request for these ( which we suspect don't exist ) have simply been ignored.

What remedies does she have as she is half way through her qualification and if she cant complete it as she needs to be working to do so she faces a wasted year of her life ?
Thomo 26/09/2018 at 5:42 pm
I am a union official, one of my second year apprentice’s has been threatened with redundancy and a two week process has begun. Are there any recent precedent ‘s/test cases I can use whilst representing him.
Many thanks
John
suzif1 08/09/2018 at 1:46 am
Hi,
my son has just started the second year of a fixed 2 year apprenticeship (well it’s actually a supported internship) and he has come home today extremely worried because there is talk of redundancies and his job has been mentioned “as there just isn’t enough money to keep paying the wages”. I always thought apprenticeships were protected, can you please offer any advice. Because my son has special needs he has taken this really badly and is currently panicking and full of anxiety so it would be really nice to be able to reassure him with some good, positive news (hopefully).
Many thanks
Mavis 25/07/2018 at 4:32 pm
Hi, my 17 year old stepson started an apprenticeship about 3 months ago. He left 6th Form in order to do this. During his time with the company, to my knowledge, there has been no contact with any course tutor, and there is nobody on sight to oversee his apprenticeship course either, so we've been getting a little suspicious as to why his course hasn't started yet. He has basically been very cheap labour. Today, the lad has gone into work to be told they are letting him go, apparently immediately, because they have to cut costs! Needless to say he is feeling a little lost at the moment. Where does he stand exactly, because the impression I get when reading the information on this sight, is that this company are not exactly sticking to the rules. There has been no issues with his work as far as I know, so no warnings or disciplinary action at any point, and he certainly hasn't done anything grossly out of order to warrant immediate dismissal. By giving the reason of they need to cut costs, they're making him redundant aren't they, and I didn't think they could do that? Plus surely he is entitled to some kind of notice period? And shouldn't he have all this in writing? As far as I know at present, this has all been verbal, which again I think is very poor on their part. I feel that this company are banking on his ignorance to what his rights are, in order to suit themselves, and have not kept up their end of the bargain. Have you any advice on this situation please, because it's devastating to my stepson and his father, and feels so wrong on so many levels!
Rhia Editor 17/04/2018 at 2:43 pm
@Shann - you may be able to find another employer who will take you on so that you can finish the course.
Shann 16/04/2018 at 11:33 pm
Hi. I was an apprentice at a salon and went into do my training today and got made redundant. Because they couldn't afford to keep me on! My course was for 2 years but only done 7 month! What rights have I got?
ash 24/01/2018 at 9:15 am
hi my daughter is an apprentice hairdresser, she started in july 2016 and found out she was pregnant summer 2017. she is due her baby 14 feb this yr and worked up until 20th jan. her boss is moving premises and has said she doesn't need an apprentice now. my daughter has only planned to take 6 months maternity leave and im gutted that she will have to find somewhere else to finish her apprentice. she hasn't had any sick days has made most of her appointments on her day off and I feel that she is being treated unfairly. can someone let me know if this is legal to make her redundant because her boss is moving to a smaller premise
Dustdevil 23/11/2017 at 9:39 am
My son started an apprenticeship in september & the company has now called in administrators.My question is what would happen to him if the company becomes insolvent?
Symie 04/08/2017 at 4:27 pm
Hi. My son is in his second year as an apprentice joiner. Only recently he was informed he was being kept on with the company he works with for his second year, and also that his wages would rise. He was absolutely over the moon! He loves the job.
Today however he was told he was being made redundant due to the fact that the professional joiner who was his mentor for the training had to leave the company on medical terms.
Here's the kicker. His mentor hasn't worked for the company since last September 2016, at which time he was diagnosed with Cancer! At this point my son was asked to partner with another professional and learn from him, which he has done for the last year. Recently his initial mentor has had to leave the company altogether as he is now 100% unfit to come back to work, so if you like he is now off their books.
Today my son was informed that the reason he was being made redundant was because his initial mentor couldn't come back to work!
So in a nutshell, his mentor who hasn't worked for the company since last September due to Cancer is only now being paid off as unfit. My son who has been trained by another professional all that time is also now being made redundant as his original mentor who he hasn't seen for 11 months is unable to come back to work.
I believe something is off with this, and the fact they are using someone's illness as an excuse to let him go is even more off!!
Off topic, I wish his mentor all the best of luck for the future with his treatment and feel his reason for departure is more than credible.
Karen 29/06/2017 at 1:59 pm
Hi,
Yesterday my daughter was told she was being made redundant,she works in a school and was recently taken over by Best,which is an Academy,they simply told her they couldn't afford to pay her next term. She started her NVQ3 in October and has been told she has to work until the middle of August as she covers a holiday club. She found out yesterday from gossip in the staff room when she arrived to work. As she was out at a tornament all day she was the only apprentice not told(there are 5 of them). Another apprentice informed her she was losing her job,it was then the Head decided to call her in into her office to let her know,but she obviously knew already! Terrible work practice. Can you advise please.
danni 26/05/2017 at 11:01 am
I am in an apprenticeship. I started July 2016 and work for a not for profit association. We agreed to make it a 14-month apprenticeship so I would finish in September and have plenty of time to do the college work. However, in February I got told that they wouldn't be keeping me on after the apprenticeship is complete due to not having enough money in their budget. I made the decision to cut my apprenticeship down to a year and a day and now working even harder to complete the college work.

What rights do I have? Is this being made redundant? Isn't there a rule that companies should have a permanent role to offer apprentices after they have completed their apprenticeship? Please help me if you can.
Daniel 27/09/2016 at 2:57 pm
I have recently been mare redundant from my mechanical engineering apprenticeship. I did not receive any notice or any redundancy pay. I was on holiday and found out from a friend that the company was closing down and I had to contact my manager before he was willing to tell me. Is this legal? What should i do?
Mazzee 22/08/2016 at 9:14 pm
Hi my son was in his last year of his welding apprenticeship and the company has went into administration ... He has finished the collage side of the apprenticeship but needs to finish the next 9months or so in the work place to get his final papers... He has not been given this do to the company going into administration... How does he stand? We live in Dundee and there is just no companies in the area where he can finish his time...
AnApprenticeship Editor 03/06/2016 at 9:56 am
I am sorry to hear this. I suggest in the first instance you look at her contract and read the terms and conditions of her probationary period and if the terms do not co-incide with the way your daughter was dismissed, then I suggest you give ACAS a call. Unfortunately, dismissal while on a probationary period is legal, but one weeks notice is usually the norm. Does she have an apprenticeship provider that could look into the situation on her behalf? Or your daughter or you could write directly to the company and ask for the reasons why she was dismissed.
Paul 03/06/2016 at 12:19 am
Hi. Working in education, I'm familiar with a lot of the rules around apprenticeships. However, what I'm interested in knowing is can an employer change existing employees with I assume contracts of employment to an apprenticeships with I assume apprenticeship agreements? It's just more detail on having existing employees do apprenticeships. Thanks
AnApprenticeship Editor 29/02/2016 at 2:15 pm
It depends upon the landlord and whether they are understanding enough to release him from the contract He obviously stands a better chance of this happening if he has not yet moved in, as I'm sure his landlord would not want to enforce a contract with someone who may not be able to pay the rent. I'm afraid there is no recourse to the company for accepting liability. You may also wish to check his employment contract and give ACAS a call to see whether his company is working within employment guidelines regarding his redundancy.
Topbanana0 28/02/2016 at 11:09 pm
Hi, my son has just been given his 'notice termination of contract' from his 6 year apprenticeship (18 months served).
A restructuring of company and engineering apprenticeship not featuring, was the reason given.
To make it worse, he has just signed a 6 months contract on a flat, which a week earlier HR and head office gave him a professional reference for.
Any ideas how he stands?
Thanks
Lynda 19/01/2016 at 1:58 pm
My son went into work Monday and was told that they could no longer accommodate him as they would be travel more often than not over to south Africa my question is can he get another apprenticeship as he has only done 4 months?
Dippy 19/12/2015 at 12:55 pm
Yesterday I was called to a meeting to be told that my work will be letting me go , the only reason they had was because lack of work, they told me I was great at the work and I was great at the college aswell , do you know what I should do next
AnApprenticeship Editor 14/12/2015 at 2:47 pm
He would have to look in his contract to see what it said about the terms of dismissal. If he was on a probation period, then he may be dismissed without notice, if his contract says he can. If his contract terms are at odds with the dismissal procedure, he should give ACAS a call for further advice.
skinny 13/12/2015 at 9:51 am
My daughters boyfriend started an apprentice programme 10 wks ago, unfortunately at the academy he said a word that could be offensive, he apologised profusely to the other apprentice, the guy had said it wasnt a problem. The next day he was reported to the academy, the academy gave him a final warning and said it would be on his record for 6 months. My daughters boyfriend was full of remorse and this was stated in the letter from the academy. When he went back to work on the Monday he got the sack, Human Resources said that he was representing the company and had to sack him, his boss wasnt happy that he had to sack him as he was a good worker and never late. He has never had any information about policies or procedures and never had a representative with him as this was so unexpected. Can human resources over ride his boss. They never said whether he coukl appeal or anything. 2 weeks before xmas getting the sack and he has a 11 week old baby. Not impressed with this "top of the range" company
AnApprenticeship Editor 23/11/2015 at 2:31 pm
It depends what contract you had as an apprentice, I suggest trying to find out and give ACAS a call to see whether your company was acting within its rights.
Harry!!! 23/11/2015 at 6:40 am
I was made redundant as an apprentice, last Feb 2015 because they could not afford to keep me on, could I take them to court for loss of earnings.
AnApprenticeship Editor 20/10/2015 at 1:00 pm
I'm afraid if your union can't give clear guidance, I'm afraid we cannot either, due to the complexity of the question. However, much depends on whether the apprentices are on a contract or an apprenticeship agreement. As specified in the article, apprentices who are employed under an apprenticeship agreement are treated like ordinary employees. Apprentices who have apprenticeship contracts have additional rights. Therefore, in the first instance you would have to see what clauses are in their contract with regards to redundancy. If an apprentice has a contract, which is more clearly defined and less flexible than an apprenticeship agreement, then in the event of a business slowdown apprentices are awarded employment protection and cannot be made redundant. The only exception to this rule is if the business goes into administration or closes. If contracted apprentices are made redundant, they could claim compensation for loss of earnings etc. I suggest you give ACAS a call to see if you can get more concrete advice.
Ronnie 19/10/2015 at 7:09 pm
I a shop steward at an engineering firm where a redundancy situation has arisen the company propose to make 6 tradesmen and 3x3 apprentices redundant , on the apprentices they have a 4 year fixed term contract but the company says that would be a disproportionate number of apprentices if they made 9 tradesmen redundant so they had to include the apprentices ,the company have also contacted the training provider to see if they can be placed with other local companies, my own Union cannot give me clear guides on this matter . Please help
Tom 19/09/2015 at 11:19 am
I'm a apprentice for nearly a year and I'm being used to save on overtime, so I've to shift pattern is this fair treatment?
AnApprenticeship Editor 19/08/2015 at 2:32 pm
It depends upon the contract. According to ACAS: ' If the apprenticeship agreement was entered into before April 2012, the apprentice will have most of the same rights as an employee. Further, the apprenticeship agreement is a particular kind of contract that primarily provides for the employer to provide the apprentice with training. Therefore where the contract is for a fixed term (e.g. one year), the apprentice has additional protection if the employer dismisses them. Unless the reason is gross misconduct or serious poor performance issues, the employer will be in breach of contract and could be sued for unpaid wages for the rest of the term, as well as for damages for the apprentice's lost training opportunity. This would also be the case if the employer intended to make the apprentice redundant. If the apprenticeship agreement was entered into after April 2012 and is in the form prescribed by The Apprentices, Skills, Children and Learning Act 2009, then the apprentice will simply be an employee. They will therefore have the same rights as any other employee.' Therefore, you should get in touch with your apprentice provider to see where you stand with regards to this matter.
Ela 18/08/2015 at 9:53 pm
I am apprentice being made redundant after 4 months into my 1 year contract. I called ACAS today and asked about taking my employer to tribunal, they told me the law changed and the apprentices don't enjoy any more protection than any regular employee.
AnApprenticeship Editor 10/07/2015 at 1:56 pm
@JD01 - Have you looked in the terms and conditions of the contract? If you can't find anything regarding the payment of college fees, then I think in this case I would either give ACAS a call or the National Apprenticeship helpline via which
JD01 08/07/2015 at 1:37 pm
My son has recently been made redundant due to not enough work for him after working approx 2 years as an apprentice. Luckily he found employment the same week he was finished. However, he currently has approx 5 weeks left at college for this term. When he received his final salary the company deducted £500 for college fees. Can they do this? Thanks
AnApprenticeship Editor 08/04/2015 at 12:58 pm
@Seeeemone - sorry to hear this. It depends whether you are on an apprenticeship scheme or not. I suggest in ths instance you have a look at your contract and give Acas a call via the link here to find out your rights.
Seeeemone 05/04/2015 at 10:48 pm
In my current role I am a trainee. At the moment my position is at risk of redundancy, can you please tell me is a trainee also classed as an apprentice?
And if so is the company allowed to make me redundant?
Ben 25/03/2015 at 9:13 pm
I have been an apprentice for a year and now our company has not had their contract renewed for that area so they are making some people redundant and some people are going to different areas. They have not offered me any alternative but to make me redundant and therefore I can not finish my apprenticeship. Where do I stand, what can I do?
AnApprenticeship Editor 20/03/2015 at 10:42 am
@Rosie - as specified in the article his employer needs to adhere to the Acas Codes of Practice. In order to find out whether his employer is doing this, it might be worth giving Acas a call via whichI hope this helps.
Rosie 17/03/2015 at 8:16 pm
My son started his apprenticeship in Feb 13 and is currently due to complete level 3 in Aug 15 The company has decided that the are making redundancys and that they no longer need him as an apprentice in the department so will not be taking him on or extending his contract past August 15.Is he entitled to redundancy in line with the other permanent staff as he has over 2 years service or can they just let him go like that on 31 August. He has never been disciplined or received any negative feedback. If they were not making others redundant and the expiry of his contract included in the redundancy proposal I would not question it but to me it seems that he is not being taken on due to the position being made redundant.
Rosie 17/03/2015 at 7:52 pm
My son started his apprenticeship in Feb 13 and is currently due to complete level 3 in Aug 15 The company has decided that the are making redundancys and that they no longer need him as an apprentice in the department so will not be taking him on or extending his contract past August 15. Is he entitled to redundancy in line with the other perms ant staff as he has over 2 years service or can they just let him go like that on 31 March.
AnApprenticeship Editor 03/03/2015 at 2:20 pm
@josh - I think it would be more beneficial for you in this instance to call Acas via the link here in order to assess whether your previous company followed the Acas Codes of Practice.
josh 28/02/2015 at 9:16 pm
Hi I was made redunant as a plumber in 2009 as an apprentice. I had completed 2 1/2 years. The company still runs today...sucessfully. I have no documentation to prove this as I never realised until now that it was illegal. Is there anything I can do I was never able to comlete my apprenticeship. Thanks
AnApprenticeship Editor 02/03/2015 at 2:12 pm
@Shaz - As an apprentice, the working hours directive covers how many hours an employee should have to work per week. The amount is set at an average of 48 hours. This means that she may have to work more than this one week, but it should be balanced out by working less in another. The average is worked out over a 17 week period and she cannot be forced to work beyond this limit unless she chooses to opt out. You don't say how old she is, but if she has left school but is under the age of 18 then there are slightly different rules. As a young worker working hours cannot be longer than 40 hours per week rather than the normal 48. Also, her employer must give her at least 12 hours off between shifts and at least 24 hours clear from working each week. Should you need any further advise you can call the apprentice helpline on 0800 015 0400. I hope this helps.
Shaz 27/02/2015 at 8:12 am
My daughter started her apprenticeship in sept last year at a livery yard via stubbing court and at the end of jan, she was told by the livery yard her employer that they would have to let her go due to financial reasons which I have in writing
The yard she was doing her apprenticeship at has now got quite busy, stubbing court have found her a replacement, but it is 2hours round trip so she has to stay away also she works 7.30 till5.30 5 days which I am sure is more then she should be doing, she is quite upset as she wants to finish her course however is missing home and I'm sure she is working more hours then she should? And also feel as tho stubbing should of done more and also know sooner if later the livery yard will have to take in another person
AnApprenticeship Editor 11/02/2015 at 2:39 pm
@Linds - If your apprentice’s employment is not renewed once their training term finishes, then they will be treated as having been dismissed and will be entitled to a written reason. Given the contract has come to a natural end the dismissal will therefore be for ‘Some Other Substantial Reason’ (SOSR) and you are not obliged to provide a notice period. Should you need this explaining fully, then I suggest you give Acas a call on 0300 123 1100. I hope this helps.
trace 22/06/2014 at 11:17 am
my daughter has got one month left and one more exam to do then she would have finished her apprenticeship ,how ever she had a accident in may and broken her ankle which ended up being operated on with pins and plates she is still recovering now ,while she was off sick she has had a letter, shes been made redundant , is the allowed ?? not had no holiday money and not finished her apprenticeship

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