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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48157
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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We spoke before regarding my girlfriends apprenticeship. I

Resolved Question:

Hi there, we spoke before regarding my girlfriends apprenticeship. I need your assistance once before.I believe someone told me that if you have an apprenticeship contract, they are unable to use an expiry date, but it expires once the apprenticeship ends. Could you verify this as true or not?Also, if the contract can expire, which then means her current contract has expired while still on the apprenticeship, can they issue her a new contract with the hours of '20-30' as I'm aware an apprentice has to work 30 hours minimum a week?Finally, although it is clear she has to work 30 hours a week, her employer have cut her hours down to 25 and refuse to increase the hours, what can we do about this?I really appreciate your help and would like to thank you in advance.Rhyse Crook
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Customer: replied 1 year ago.
Thank you for the rapid response.
Expert:  Ben Jones replied 1 year ago.

Do you know whether your girlfriend's employer will be reviewing her performance before the contract ends? Also, please can you advise what your girlfriend would ideally hoping for once the apprenticeship finishes? Thank you

Customer: replied 1 year ago.
The contract states on-going reviews through-out her employment and once her apprenticeship she was hoping for full-time employment (as was implied) before moving to an alternative work place.
Expert:  Ben Jones replied 1 year ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. When an apprentice has a contract for an apprenticeship then generally an employer cannot terminate that early unless they can show that the apprentice was guilty of gross misconduct or that their performance was so poor that they could simply not be trained any longer. In both circumstances it has to be quite serious to justify dismissal. So in effect the contract cannot contain an early date for termination and simply rely on that to end the apprenticeship – the apprenticeship as a whole has to end before any termination is considered, unless the above exceptions apply.As to hours worked I am afraid there is nothing in law which states that there must be a minimum number of hours that they are entitled to. An apprentice can work any number of hours as defined by contract. So it is entirely possible for an employer to issue a contract for 20-30 hours a week because legally apprentices do not have a minimum number of guaranteed hours of work.I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
Hi there, thank you for your help it's been extraordinarily helpful. However, am I right to say the employer can't cut hours before the expiration of the current contract without permission from my girlfriend.Also during my waiting I found this link which states apprentices need a minimum of 30 hours: https://www.gov.uk/apprenticeships-guide/pay-and-conditions does that then help the case of hours she is entitled to?
Expert:  Ben Jones replied 1 year ago.

yes that is correct, if there is a current contract in place which guarantees her a number of hours then amending that without her agreement can amount to a breach of contract.

As to the 30 hours it is not that simply unfortunately it depends n the type of apprenticeship, whether they are able to do these hours and also it is not necessarily a right to work these hours but a right to be paid for them. So it can get complex in that respect but for the sake if simplicity if you want to raise this with the employer then do it on the assumption that she is to get a minimum of 30 hours

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 1 year ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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