Miss Chloe Louise Meakin v Dr Rasib & Partners — 2020

Miss Chloe Louise Meakin began work for Dr Rasib & Partners on 11 September 2018 at an hourly rate of £3.70 under an Apprenticeship Agreement that contemplated training through an external provider. The tribunal accepted that the respondent believed Babington College had enrolled the claimant, but it found that no training was in fact provided by Babington and that no external provider was put in place during the first months of her employment.

The tribunal found that the claimant and Mrs Rasib were both truthful witnesses. It accepted that the claimant raised concerns in December 2018 that she still had not started the course, and that Babington then confirmed on 15 January 2019 that it was not able to enrol her. A replacement provider, Solvo Vir, was not put in place until 15 February 2019.

On that basis, the tribunal held that although the arrangement was labelled an apprenticeship, it was not a genuine apprenticeship in practice before 15 February 2019 because the claimant was not being offered off-the-job training by an external provider. The tribunal said the respondent was in breach of contract and that the claimant was therefore entitled to the non-apprentice minimum wage for the earlier period.

The complaint of unlawful deduction from wages/breach of contract was upheld and the tribunal awarded £3,354.32, which the judgment recorded as the claimant's calculated loss for the underpayment period. The respondent disputed liability but accepted the claimant's calculation of loss.