I was reminded the other day that before taking up his current post, America’s new president had served as the host of the original Apprentice TV series in the US.
Although there may be more pressing issues these days for President Trump, I could not help dwelling on the fact he was the first to use the show’s now infamous catchphrase - “you’re fired.”
While I appreciate presidents need to be decisive, just how easy is it to fire apprentices?
Not very. And there are often very good business reasons not to.
Apprentice legal protection
With tough economic times in Aberdeen in particular, it may be tempting to see apprentices as an easy target when costs need to be cut.
Yet, the reality is that these workers have far more legal protection than other colleagues, and they should often be the last place to look when redundancies are being considered.
In terms of their rights, apprentices are employees with all the usual protection, including the ability to claim unfair dismissal.
However, it is the essential purpose of apprenticeships that sets them apart from other staff.
It is all about learning the trade with the employer’s obligation to train apprentices seen by the courts as fundamental.
This, in turn, means it is extremely difficult for an employer to bring the relationship to a premature end, even if a clear business case can made for dismissal, such as redundancy or even serious misconduct.
Continuing the apprentice’s training
The fundamental question tribunals and other courts ask is whether it is still possible to keep teaching the apprentice.
In relation to redundancy, an apprentice is likely never to be safely dismissed unless the business closes or entirely changes character: meaning it is no longer possible to teach the apprentice his or her trade.
To make matters worse, damages for dismissing an apprentice are unlikely to be limited in the same way as for unfair dismissal.
A tribunal or court is likely to look first at the loss of wages the apprentice will suffer for the balance of the fixed term apprenticeship, but will then go on to look at the loss the apprentice will suffer by not qualifying into his or her trade.
This could mean potential significant loss of future earnings.
Of course careful drafting of apprenticeship contracts will help, as will exercising great care - and much thought - before using President Trump’s trademark phrase.
Investment in apprentices
On a more positive note, my dealings with clients suggests that investment in apprentices often pays employers great dividends in producing well trained, well motivated and particularly dedicated employees.
What’s more, given I did my legal traineeship (an apprenticeship by any other name) with Ledingham Chalmers, and now 11 years later am still with the firm, it’s probably best I make no further comment.
Sìne Mackay
Senior associate
Sìne specialises in employment law and provides advice to employers. She advises on a wide range of issues, including conduct, redundancy, family-friendly rights, grievance matters, equal opportunities and performance. Sìne also prepares employment contracts and service agreements for all levels of staff, up to director level. Sìne’s ability to provide expert but also practical advice is enhanced by her having completed an MSc in Human Resource Management at the Robert Gordon University.
Sìne also advises on the appropriate handling of personal data including responding to requests for information, data retention and compliance with the GDPR.
Posted: April 25th, 2017
Filed in: Corporate, Employment