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Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Is your main concern about asking the person to work unpaid?
Hi Ben. No its to find out if it is legal for the apprentice to be unpaid during his training period. He has already been with the business for just a year and out of the blue he has said that its illegal for him to be in the shop training without pay. Unfortunately I am unable to speak with my x business partner regarding the contract or any discussions that took place between the apprentice and my x business partner. What I would like to know is if its legal for him to be in the shop training unpaid and if its not do I have to now pay him for the year he has been with the company training? Many thanks
The National Minimum Wage Regulations state that attending training which has been "approved by the employer" will generally count as working time and be subject to the National Minimum Wage. Such time would include:
If the above apply then the employee would still be considered to be working and these hours would have to be remunerated.
Thank you for your help.
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Please can I ask another question? Would my x business partner be responsible for paying half of the apprentices owed wages for the year? We were a 50/50 partnership and I know I should have picked up on this matter sooner but as I said I worked in the shop and my x partner dealt with the finances and paperwork, unfortunately I never dealt with any of this and I am now finding lots of things that were not done correctly the apprentice issue being one of them.
was this a partnership, rather than a limited company?
Yes it was a partnership sole trading. I bought my partner out last year and remained as a sole trader until the 1st Jan this year and I am now registered as a limited company.
Do you mean if he is responsible for debts before you bought him out?
No I mean because this has just come to light about the apprentice and I now have to pay him for his time in the shop for the past year is my x partner liable for at least half of the pay due to the apprentice? Could I pursue her for this?
For the period when she was still in the business you can pursue her, but obviously once she left then it would not be possible
Thank you. Would you recommend my pursuing her? There have been so many issues that have come up since I bought her out and I am constantly paying out for things she didn't do at all or didn't do properly on top of what I paid her for buying her out.
it's a difficult question to answer - it depends on her circumstances, whether she will fight this, if she can pay, if she has any intention of paying at all or just try to avoid all and leave you to spend more time and money trying to enforce any judgment against her
Thank you. I have no doubt she will fight this, financially she could pay this I have just bought her out a couple of months ago. And I have no doubt she would try an avoid paying just to make me have to pay out more money. Its a hard decision to make but all this has to stop somewhere she cant keep getting away with all these issues and me footing the bill and sorting out all the mess she has made. Thanks for your help Ben I very much appreciate it.