Fixed term apprentice - long term sickness

[Pertensio]

In the situation that an apprentice is absent (so far 2 months), signed off every fortnight, in a 12 month fixed term "standard apprenticeship", it is very hard to establish exactly how to proceed.

The individual is now on SSP.
Is informally claiming his condition (anxiety) is covered by the equalities act
Has been placed on a break in learning by the college.

We have been told that an apprentice must comple 30 hours work a week and therefore reduced hours (assuming we could accommodate them) are not possible.

It would seem our best option is to continue paying SSP until that runs out (6 months) as there seems to be definitive guide as to how to deal with this.

Note - It all seems to hinge on the fact that as an apprentice, an extended set of rights apply though we have in our contract the right to terminate on the basis that there is no realistic possibility of the training being completed,there again seems to e some doubt whether that applies to the vocational aspect.

If the apprentice completes his time with us and takes no further time a total of 15% has already been lost to sickness.

Thoughts?

 

[ethical PR]

Have you spoken to the training company.

I am not an HR expert but there must be provision for you to dismiss if someone can't complete their training and you have given them every support to accommodate their return.

Do have a look at disability discrimination as this is likely to come under having a long term condition.

 

[Newchodge]

I am not convinced that 'anxiety' comes under equalities discrimination. Depression, if it has lasted, or is expected to last for 12 months or more, is a disability.

 

[Employment Law Clinic]

Thoughts?

My thoughts would be that you're over-complicating things in your own mind.

Is informally claiming his condition (anxiety) is covered by the equalities act
Has been placed on a break in learning by the college.

Who cares what an apprentice is informally claiming? It either is, or it isn't. And I agree with Cyndy, that it most probably won't be.

It would seem our best option is to continue paying SSP until that runs out (6 months) as there seems to be definitive guide as to how to deal with this.

Note - It all seems to hinge on the fact that as an apprentice, an extended set of rights apply though we have in our contract the right to terminate on the basis that there is no realistic possibility of the training being completed,there again seems to e some doubt whether that applies to the vocational aspect.

There aren't really any extended rights (and the apprentice doesn't appear to be relying upon any - only a speculative reference to disability discrimination), so your best option could be to terminate the apprenticeship contract, given his inability to fulfil this.


Karl Limpert