Employment Lawyers Can Answer Your Employment Law Questions
Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.
I'm sorry to hear this. Can I just check, was your son furloughed at all?
OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.
Many thanks for your patience. What you have heard is correct in some ways but not in his situation. The 4-year rule applies only to fixed-term employees, employed on successive fixed-term contracts, which when renewed again on a new fixed term contract after 4 years would renew automatically on a permanent contract, rather than a fixed-term one. However, he does not appear to be working under such a contract so that rule won’t apply to him.
However, as an apprentice, he is still an employee and will have all the usual employee rights for someone in his position. Most importantly, he has the right to receive redundancy pay if he is made redundant and has continuously been there for at least 2 years. Therefore, if the employer is using redundancy as a reason to dismiss him and he has 2 years or more continuous service, he should be entitled to redundancy pay.
Hopefully this clarifies your position
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