Sunday 9th December 2018
PUBLISHED ARTICLES
Article 16
The Must Know Cases When it Comes to Apprentices!
Apprentices should be treated with care when it comes to employment disputes.
An apprentice certainly has more protection when it comes to dismissal and
especially redundancy. It must be remembered that once a year has past he/she
is entitled to a minimum wage and even before one year has past he is protected
by all of the usual discrimination legislation afforded to a worker.
Dunk V George Waller & Son Ltd [1970] Authority for the proposition:
An apprentice is not terminable for misconduct.
Different principles apply to assess damages in the case of an apprentice
Wallace V CA Roofing Services Ltd [1996] IRLR 435 Authority
for the proposition:
An apprentice can only be terminated on grounds of redundancy on rare occasions
- 'closure or a fundamental change in the character of the employer's enterprise.
The contract expires on a fixed term and is not terminable at will.
Whiteley v Marton Electrical Ltd [2003] IRLR 197.
Apprenticeship agreements prevail over Ts and Cs of a contract.
Charles Price is a barrister at no5 Chambers
www.charlesprice.net
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