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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49837
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am an apprentice in my 3rd year. The company I work for has

Customer Question

I am an apprentice in my 3rd year. The company I work for has just entered into an industrial dispute with UNITE over pay and working conditions. All overtime has been stopped. In response the company has stopped all training. This means I am no longer permitted to attend college to complete my studies as per me apprentice agreement. Is this legal?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Are you part of the union?
JACUSTOMER-48j0nym9- :

No I am not part of the union

Ben Jones :

Hi, sorry I could not get back into my account for some reason hence the delay.

Just going back to your query, your employer is likely to be acting in breach of contract if they have stopped your training and no longer providing you with what they agreed to at the start of the apprenticeship. When you enter into an apprenticeship you are not only an employee of the company but also have a separate contract for training where the employer agrees to provide you with a certain standard of training and for a specific period of time. If they fail to do as initially agreed then they will be acting in breach of contract. There may be some clauses in the contract which state specific circumstances when they may stop the training or the apprenticeship in general, but it is unlikely the specific situation you are facing will be contained in there and you are usually looking at events such as gross misconduct on your part that allow this to happen.

You may therefore pursue the employer for breach of contract – whilst you are entitled to make a legal claim for that, this should only be done as a last resort and you need to try and resolve this directly with them first if possible. This can be done by raising an internal grievance and making it clear that they are in breach of contract. You may also threaten legal action in the hope it sways their mind but if they do not resolve this, then at least you know you have that as an option.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks