How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48156
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

I am a small business owner and have recently bought out my

Resolved Question:

I am a small business owner and have recently bought out my business partner. Whilst in the partnership I worked in the shop and my business partner dealt with all the finances and paper work. An apprentice was also taken on whilst we were partners a contract was drawn up for the apprentice I don't know if this was drawn up online by my then business partner or if it was done by an HR person that my business partner employed. The terms for the apprentice as explained to me by my business partner were that the apprentice would be in the shop trained by myself he would be unpaid during his training period, after he was qualified he was to work in the Barbers for a minimum of 1 year with pay. Is this legal? Many thanks Neil
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

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?

Customer:

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

Ben Jones :

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:



  • Attending during normal working hours at a place other than his normal place of work for the purpose of receiving training approved by the employer.

  • Travelling during normal working hours between the workplace and place where the training is provided.

  • Receiving such training at the workplace.


 


If the above apply then the employee would still be considered to be working and these hours would have to be remunerated.

Customer:

Thank you for your help.

Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:



www.justanswer.com/law/expert-ben-jones/

Customer:

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.

Ben Jones :

was this a partnership, rather than a limited company?

Customer:

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.

Ben Jones :

Do you mean if he is responsible for debts before you bought him out?

Customer:

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?

Ben Jones :

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

Customer:

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.

Ben Jones :

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

Customer:

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.

Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:



www.justanswer.com/law/expert-ben-jones/

Ben Jones and 4 other Law Specialists are ready to help you