Redundancy Advice

[grahamkelly]

i'm just looking for a bit of advice if anyone is clued up on this subject

basically i'm an apprentice coming to the end of my appenticeship with only a logbook to complete

now i understand that once this book is completed my employer can terminate my contract and send me into the big bad world but because of how slack work is he has given me a notice period of 2 weeks anyway.

I have just been having a flick through my jib book and came across the minimum notice section and its saying you get a week for each year you have worked for your company, now i have worked for mine for 5 years so does that mean i should be given 5 weeks or is it different for apprentices??

thanks in advance

 

[Mark.W]

Hi Graham sorry to hear your bad news!

Have a look at this link, it might help! A Brief Guide To Redundancy

Regards
Mark

 

[grahamkelly]

thanks for the reply and the information mate

on the piece you gave me it talks more about redundancy pay which i know am not going to get

i just dont know if i have a minimum notice period right, do you think it would be worth e-mailing someone from the jib?

 

[Mark.W]

I'd give ACAS a call mate.

 

[grahamkelly]

Bingo

I didnt even think about them mate, thanks very much

i'll get onto them tommorrow

 

[Mark.W]

Your welcome, I hope you come right!

 

[boatnik1]

I'm sure there is a getout for employers not to pay redundancy if an apprentice has just finished their time and the employer wishes to make them redundant.

Tough but that's how it is.

For every one else with more than two years continuous employment then they can be paid, I think it's a weeks pay for each year employed plus a weeks wages in leau of each weeks notice you are entitled to, which means that they can show you the door a moment after telling you you've been made redundant.

 

[cafc999]

Hi,

When I came out of my time, I was let go.

I think that this is standard practice as it has happened to most sparks that I know.

I believe that your contract runs out when you have finished your log book and your employer has the right to let you with a notice period.

I am not saying that is acceptable as I believe it is poor show.

Well done on passing the training, but remember, you are now at the start of your real career.

Good luck!

 

[ian.settle1]

He can not make you redundant as if he did he can not employ another apprentice as when someone is made redundant it is the position that is made redundant not the person.

Sorry to say as others have said once your out of your time it's bye bye as you are no longer cheap labour'

Working for a contractor you are not guaranteed permanent employment that is why it is called contracting, as the contractor may only take you on for a fixed period over one contract or in an apprentice's case whilst they are carrying out training then get shut off you.

Just been to the link posted earlier did you read the lines below?


Employees will not be entitled to Redundancy Pay if they:

have just completed their apprenticeship and are not retained by their employer

 

[grahamkelly]

Thanks for the replys

I wasn't asking for advice regarding redundancy pay because i know i'm not entitled to that

My qualm is that my employer has given me a notice period of 2 weeks, i just wondered wether he was right in doing that because i would surely in any other situation be entitled to a statutory period of 5 weeks notice since i have been in my job for 5 years i.e 1 week for every year of service.

I rang acas and apparently I am entitled to my 5 weeks

 

[boatnik1]

Thanks for the replys

I wasn't asking for advice regarding redundancy pay because i know i'm not entitled to that

My qualm is that my employer has given me a notice period of 2 weeks, i just wondered wether he was right in doing that because i would surely in any other situation be entitled to a statutory period of 5 weeks notice since i have been in my job for 5 years i.e 1 week for every year of service.

I rang acas and apparently I am entitled to my 5 weeks

So long as you advised ACAS of the apprenticeship angle.

I am not sure of the current rules but it was the case that an employer undertook to provide you with an apprenticeship and when such is completed the contract effectively finishes and therefore unless a new contract of employment is entered into, being laid off is not a case where notice is applicable.

For your sake I hope I'm wrong but you can keep us updated on how it goes.

 

[Risteard]

Unless I am reading this incorrectly, the employer has failed to live up to his end of the contract which is that he will see you through the Apprenticeship. Regardless of whether you are nearly finished or not, he cannot get rid of you until you are finished without paying the remainder of your wages for your Apprenticeship. (Speak to Unite if you are a member.)

The JIB do not require Apprentices to be paid redundancy pay upon completion of their Apprenticeship. However, if the employer retains them, then employment is deemed to being at the start of their Apprenticeship. If they get rid of you before the Apprenticeship ends, then this is not covered by JIB and as such this would not preclude you from receiving redundancy pay, as the employer is acting illegally in breach of the contract.

Seek Union/legal advice.