Could i have a case for unfair dissmissle under Tupe? Or somthing else?

[Superspark23]

My company which employs me and another apprentice electrician both of us are nearly out of our time. We both were made redundant september 2010 from the same company we then went our seperate ways for a few months and for various reason the companies we went to let us go after 3/4 months. Now we're at a different company completing our apprenticeships we both have the same contracts of employment. And this company does some of the work which our 1st company did before it went into adminstration.

The contract are up for retender at the moment and will be issued soon, and to start in april 2012. We were both told in our interview that we would tupe over to the new contractor, but neither of us have written confirmation of this. It does how ever says on our terms of employment that this is an permanent post

The other morning i went in the office and the other apprentice was in there, and he said to me that we're going to be got rid off when we complete our nvq's. My supervisor to his credit did step in and say thats not deffently confirmed yet, and i'm trying to make sure i can keep atleast one of you guys.

If one or both of us leaves will we have a case of unfair dismissle under tupe rules?

I'm grateful i was taken on by this firm as with out them i would never have been in the position of completing my apprenticship and they have supported me throughout my time here. But i'd ideally like to stay at this firm.

 

[Octopus]

If your role is 100% for the "contract" and the "contract" changes "hands" you should be "tied" by the rules of TUPE - however as apprentices this may or may not be the case!

 

[Superspark23]

thats another akward scenario 2 contracts ive been working on, 1 is what my contracts states this one is out for tender the other one the firm has for another year before it goes out i'd say since being here ive worked roughly 50/50 between the 2 contracts the same as the other apprentice.

I really want to know what the laws and rullings are before that d day comes that i'm told i've got to leave, somthing i can neglogate on. I'm willing to work between my current rate and the electricians rate for a year as i belive this would be fair as i wont be as quick or as knowledgeable as the other sparks.

 

[Superspark23]

Then theres the case that if i'm deffently will be going, i want to get my cv out asp and keep my time out of work as short as possible. Especially as at the moment theres a few jobs going in my area that i feel i would be suited to do and would enjoy if i was offered a possition.

 

[Nolnoc]

Unfortunately apprentices do not not have the same rights as employees. You are in training and do not even qualify for redundancy. My advice would be move on and don't make an issue over it as it's a small world and things like that follow a guy around. Good luck

 

[cloverman]

Have a read through employment law for apprentices here

Apprentices
"Modern employment law has assimilated apprenticeships into an employment relationship. This means that true apprentices have an employment contract, although it is a special form of employment contract: it is a contract for training rather than actual employment. Its first purpose is training; the execution of work for the employer is secondary, but employment rights still apply.
To give apprentices the status of a worker may not stand up to any challenge in court: any written agreement or contract that does not reflect the overarching rights of an apprentice is likely to be overruled. "

 

[wicksygas]

Don't fall out with your employers. Burning bridges and making enemies in this industry can always turn round and bite you.
Start planning ahead now. If it is you, take it on the chin with your head high. If its not you then you will be better prepared the next time redundancy rears its head or even if you want to move on of your own accord.
Either way I wish you good luck.

 

[Nathy boy]

In my experience when apprentices come out of their time the contract ends as an apprentice and the company do not have to offer you another contact as an electrician.

This is how I believe that companies can avoid continuing to employ someone once they finish their apprenticeship due to the end of their contract.

 

[ian.settle1]

This is a catch 22 situation as when a redundancy is made it is the position that is made redundant and not the person that is made redundant.

So an apprentice who comes out of his time there may not be a position for him and so he is surplus to requirements but can not therefore be made redundant as there is no position to make redundant

 

[Superspark23]

Thanks for the advice guy's. I think what i'll do is keep going as i am now, and don't make a fuss and see where this leads to over the next couple of months. If i'm offered a permanent position then great! If not then theres other opportunities on the horizon that i may prosper in. Maybe if i leave with dignity and not make a fuss and thank my management for helping me out on my apprenticship then they may well contact me in the near future for a permenant position in the company. ALso they'll proberly be more likly to give me a good reference.

I've enjoyed my time here, and who knows, if i stayed longer the tupe across may go ---- up like last time around and where myself and 500 others are made redundent a few months later.