Interesting Read: Case Law
Case Law – Redundancy during Apprenticeship
This case relates to an apprentice who claimed that his position was terminated before his apprenticeship ended and claimed he was entitled to a redundancy payment.
The apprentice was employed from 11th February 2014 until 12th October 2018. He believed his apprenticeship was due to officially end on 16th December 2018. He was informed by his employer that it was policy to let all apprentices go once they had completed their apprenticeship. The employee accepted that the employer had up to 1 month after the conclusion of the apprenticeship to terminate the employment.
He completed his exams in June 2018 and received confirmation of qualification on 12th December 2018. As he had been let go in October, he went into FÁS in November and received confirmation of qualification from FÁS on 30th November 2018. As a result, he believed his employment ended prior to his apprenticeship ending and was claiming a redundancy payment.
The employer stated that the delay in ending the actual apprenticeship was due to a delay in passing his exams. The employer informed the apprentice in writing that his employment would terminate after the apprenticeship ended. The apprentice was given 2 weeks written notice on 27th September 2018 which congratulated him on completing his apprenticeship and informed him that it was policy to release all apprentices on achieving their qualification. He was told he would be given time to find a job. His employment was to end mid October 2018. The employer claimed that the apprentice asked to be released early from his position as he had received a job offer which led to him leaving on 12th October 2018.
The Adjudication Officer found that:
- Although there was uncertainty regarding the actual end date of the apprenticeship, it was accepted by both parties that the apprenticeship had been completed,
- The employer had up to 1 month after the conclusion of the apprenticeship to terminate the employment,
- The apprentice had completed his apprenticeship and he was advised by his employer that he would not be retained in that employment,
The apprentice is not entitled to a redundancy payment and his claim is not well founded.
