Employment Law. Kwacky?

[Tuffers]

My lad is an apprentice electrician, he's not far off qualifying. Long story short, the company he's employed by have started to make life difficult for him. Another apprentice tried to drop him in the crap over a job he was on. Said apprentice then gave my lad a disciplinary meeting. Other things have gone on and my lad went off sick with anxiety and depression. He's been off work about 6 weeks and he's found another job as an electrician. The old firm have told him he can't work within 50 miles as stated in his contract. I haven't read his contract yet but what are the consequences if he joins the other firm? Other firm is about 5 miles away.

[Kwacky]

I don't do employment law, so this is on the best of my limited knowledge.

It sounds like everything is based on the contract, so without a copy of that he's not going to get any decent advice.

I struggle to see how an apprentice give a disciplinary hearing? Did they follow the protocol with the warnings and timescales? If not that's a decent lever for him to use.

What does the contract say about its effects during a probationary period? Probation periods usually mean that a number of clauses in a contract aren't in effect until the member of staff has completed the probation.

What's the clause about working for someone else - how long is it in effect for? The length of time is usually dependent on the level of seniority. An apprentice isn't going to know much about the company and won't be in a position to be stealing customers, so he's got good arguments that the clause should not apply.

That's also a pretty wide geographical area, something the courts don't like. It would be unreasonable to expect someone to move 50 miles away to get a new job.

I can't think what the penalty would be for breach of the clause. The company could try and take out an injunction to prevent him for working for the new company but apart from that being very expensive the Court is not going to like an employer being so heavy handed with a junior member of staff.

[Tuffers]

Brilliant. Cheers mate. He's not on probation. The apprentice who interviewed him is female and in her 40's. Same level as my lad but slower at her job. She took photos of my lads work and sent them to the gaffer. It was an incomplete job but safe to leave and he was going to finish the job after a 2 day holiday. It doesn't add up why she did the interview! He didn't get a warning. I've told him to call Citizens Advice. I've just read his contract and there is nothing about 'Post Termination Convenant.' I think they've put it in the letter to stir the shit. I'm going to email his old company later. They want all of his uniform, work boots, hi viz etc returning which is fair enough. I'll be dropping it in.

Thanks for your help Kwacky

[Monty]

Even if it is in the contract, it's not enforceable after he's worked/ended his notice period as it effectively stops him from earning a living. I've had this clause in most of my employment contracts and always (on good advice) ignored it.

I'd consider getting him to join a union as there is definitely something odd going on there and might be worth going to a tribunal.

[Perkles]

My lad is an apprentice electrician, he's not far off qualifying. Long story short, the company he's employed by have started to make life difficult for him. Another apprentice tried to drop him in the crap over a job he was on. Said apprentice then gave my lad a disciplinary meeting. Other things have gone on and my lad went off sick with anxiety and depression. He's been off work about 6 weeks and he's found another job as an electrician. The old firm have told him he can't work within 50 miles as stated in his contract. I haven't read his contract yet but what are the consequences if he joins the other firm? Other firm is about 5 miles away.

I have been to a tribunal over this in a former working life , it wont stick they try it with sales people all the time to stop you working for competitors
I had it in my contract I couldnt work for a competitor in the same industry, it wont stand

[Tuffers]

Even if it is in the contract, it's not enforceable after he's worked/ended his notice period as it effectively stops him from earning a living. I've had this clause in most of my employment contracts and always (on good advice) ignored it.

I'd consider getting him to join a union as there is definitely something odd going on there and might be worth going to a tribunal.

I sent a lengthy email to them last night. They replied with just 'we can't discuss your son's contract with you due to GDPR.' No answers to my other questions.

In the letter it stated that my lad had signed to say he wouldn't work for a competitor within 50 miles and for 6 months. He went to college today and he told his tutors what had gone on and they couldn't believe it. They're going to try and fast track his final exam so that he's a fully qualified sparky when he starts his new job. Middle finger up to his old firm!

[kiwikrasher]

Nothing of value to add Tuffers, just hope the new firm is a much better fit for your lad and he finds a good groove to grow his experience in

[Monty]

That's probably a very good life lesson for him, don't work for C**Ts

[Tuffers]

More info has come to light. The female apprentice who interviewed my lad was overheard saying derogatory stuff to my lad on site in a hospital. A nurse overheard it and said he shouldn't be putting up with it. My lad told the nurse that he's an apprentice and didn't want to rock the boat.

The other instance was when he made a mistake, remember he's an apprentice and learning his trade but the main boss took a photo of the mistake and spread it around the companies group chat! If that's not bullying and harassment I don't know what is.

Hopefully the new firm are a nicer firm to work for.

[Monty]

More info has come to light. The female apprentice who interviewed my lad was overheard saying derogatory stuff to my lad on site in a hospital. A nurse overheard it and said he shouldn't be putting up with it. My lad told the nurse that he's an apprentice and didn't want to rock the boat.

The other instance was when he made a mistake, remember he's an apprentice and learning his trade but the main boss took a photo of the mistake and spread it around the companies group chat! If that's not bullying and harassment I don't know what is.

Hopefully the new firm are a nicer firm to work for.

c**ts

[Kwacky]

Any update Tuffers?