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Apprentice Redundancy

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  • 16-09-2008 2:43pm
    #1
    paulac
    Closed Accounts Posts: 71 ✭✭


    Hi,

    A friend of mine has worked for a compnay the past 8 years. The first 4 years was as a store person but then he was offered an apprenticeship. He has been doing the apprenticeship for the past 4 years and is due to finish next week however the company are now saying that they have no work for him when he finishes and will have to let him go. Will he be entitled to redundancy or is there something about if an apprentice is let go within a month of finishing the apprenticeship that they're not entitled to anything? If thats the case, would the 1st 4 years of employment not count towards anything?

    Any advice is appreciated. Its a good company, they have looked after him ok but there's no contracts or anything like that


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    #2
    Eoin
    Registered Users Posts: 21,253 ✭✭✭✭Eoin


    This is NOT legal advice, but for what it's worth:

    From this page
    If you are an apprentice, the same rules apply to you and you may qualify for redundancy payment unless you are dismissed within one month after the end of your apprenticeship.

    Even if he had a contract, then the apprenticeship could be considered a new job so I don't know if previous experience would count.

    As no written contract is in place, then I think the statutory minimum notice periods apply. That means 4 weeks leave for someone there 5 to 10 years - that's if he can count the first 4 years experience.

    He could speak to a solicitor, but I can't imagine it being worth his while if the best he can hope for is 4 weeks pay.


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    #3
    the_syco
    Registered Users Posts: 37,297 ✭✭✭✭the_syco


    paulac wrote: »
    Will he be entitled to redundancy or is there something about if an apprentice is let go within a month of finishing the apprenticeship that they're not entitled to anything? If thats the case, would the 1st 4 years of employment not count towards anything?
    Bit of advice, yeah: DO NOT GET LEGALL ON THEIR A$$.

    Don't piss them off. That four weeks pay may sound nice, but you screw them over, they can screw you over a LOT harder.

    You see, your mate will need to get some papers signed, and sent off to FAS, when he finishes. Tell FAS what's happening, and they may allow your mate to finish a month short.

    But, as I said, your mate needs to get the papers signed. Heard of a few horror stories from people who've bosses didn't send off the paperwork, "forgot" about the paperwork, "lost" the paperwork, etc, etc.

    Not saying you should suck them off, but be nice to them.

    Remember: once FAS gives him the all clear and the cert, he can go looking for a job as a qualified trades person. Until then, though, tell him "don't bite the hand that feeds you".

    Put it this way: 4 weeks wages is nothing if the papers don't get to FAS for another 10 weeks. If the papers gets to FAS in a week, your mate can then go looking for a job as a qualified trades person. Even though he's finished the 4 years, without the papers, he'll still be seen as a 4th year apprentice.


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