Apprentice

[sangie5952]

Hmmm. Now this one is potentially very interesting. 

 

On a very basic level, and assuming that he had less than two years service, then yes - he is entitled to a full weeks notice pay (assuming that contractual notice isn't more), plus his week in hand, PLUS holiday pay owed (if there is any).

 

However, at a more complex level (which he may or may not wish to pursue, but the threat may be useful) an employer who enters into an apprenticeship agreement is legally bound to that agreement in full. Apprenticeship agreements are not like normal employment contracts. So your son has the option to also sue for the damages caused by that breach of contract plus, of course, any deductions the employer made (if he wasn't paid for example). Apprenticeship agreements can only be terminated in very limited circumstances, and not wanting to pay the college isn't one of them. 

 

I would suggest that he sends a letter before action, warning the employer that he has taken advice, and that he is owed £xxx for pay until.... (And just for the hell of it, put in a claim for the full notice he gave! ); plus £xxxx for the week in hand; plus holiday pay off £xxx (PLUS, if you really want to push the threat, £xxx for deductions and losses from the breach of contract with regard to the apprenticeship, plus £xxx damages for breach of contract over the apprenticeship), and that he has 21 days to pay in full or immediate legal action will begin without further notice, at which point legal and other fees will be added to the costs to the employer. 

 

If that doesn't shake loose at least the amount he's owed, put in a tribunal claim for it - you'll need to go via ACAS conciliation, but it's all free. 

[sangie5952]

I totally understand that you feel aggrieved. But does he? Because your aren't suggesting that he does. He is, quite literally, going to have to fight his own battles now. What does he want to do?