Mechanic Apprentice Redundancy

[charlotep]

Hi. My son has just been told he will be made redundant. He only commenced his apprenticeship in July 2008 and he is being made redundant in Feb 2009 (he is just 17). The company have now told him they cannot find him alternative employment - despite having num,erous branches - is there anything that he can do about this. Even if he goes back to college full time he has missed half a year as he was working - we feel really angry that the company have treated him like this and are desperately sad for him - he was only just starting out. Thank you

[charlotep]

Thanks for your reply - and yes - its a sad fact of life at the moment! I didnt know if apprentice contracts were treated in a different way to 'ordinary' ones. Hopefully he will find something else in the not too distant future!

[dot.hawkes]

I am currently in the first week of trying to make some of my staff redundant, in my pack, there is no redundency pay for anyone under 18, i think this must be law. Is this the first phase of the process or have they just gone straight to compulsory redundency? I have to do it in 4 phases.

[CheekyChops]

How does his apprenticeship work? I work in a college and we have apprentices. There are two main types, the ones that are employed and sent by their company to us for their training and the ones that come to us first and we subsequently find them a job/placement.

If the second type,. they person would just continue at College whilst we looked for another position for them.

I'm guessing your son is one of the first types?

[charlotep]

Hello

Thanks for all your replies - I do very much appreciate it.

Yes they have gone straight to the compulsory phase - they have several branches and have decided to close his particular one down.

His employers sorted out his college place and he attends once a week - he found the job himself and applied through the employer rather than through the college.

His employers did say they would try and find him an alernative placement within the company but there is only a week to go until the notice period is up so I guess they wont be doing that.

Thanks again

[highhope]

Hi,

I dont know if anyone's still interested here but I was an apprentice with a building services engineering firm (SIAS). They terminated my apprenticeship (early) in January this year for reasons of redundancy.

I researched long and hard about apprenticeships and redundancy and know the law on it now inside out.

I spoke to trade union reps, solicitors and the HVCA regarding they employers rights. This is how it stands:

If you have signed a tripartite agreement of apprenticeship for a period of time (as I had) and there is NO CLAUSE in there to say 'we researve the right to terminate this apprenticeship for redundancy upon reasonable notice' then the company can only terminate the contract of apprenticeship if there is a fundamental change in the NATURE of the work or if the company is closing down completely.

If neither of those situations are present, the contract cannot be terminated early.

In short, make sure you have plenty of copies of the agreement and all documentation leading up to your sons redundancy and if they have proceeded with the termination of his apprenticeship, take the thickies to court. I've heard apprentices being successful up to �50,000 for this.

Too many employers do NOT understand the law around apprenticeships. They are quite happy to take them on, claiming grants from the learning skills council for doing so and then making them redundant because of what they see as being a 'catch all' - redundancy.

This recession should be a major warning and wake up call to employers considering making apprentices redundant!!

I hope this helps you.

highhope