Apprentice roofer wins wrongful dismissal claim after being sacked without proper process
An apprentice roofer with 10 months' service was wrongfully dismissed after raising health and safety concerns. The tribunal awarded £3,012.50 for breach of his common law apprenticeship contract.
2 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as an apprentice roofer from 21 October 2019 to 17 August 2020.
- The respondent did not issue written particulars of employment.
- The claimant raised health and safety concerns about a face mask, a roof incident, and unsafe scaffolding.
- The claimant was dismissed after being told he had not improved, with one week's pay in lieu of notice.
- The tribunal found the claimant was engaged on a common law contract of apprenticeship from 25 November 2019 to 31 October 2021.
- The respondent failed to follow the ACAS Code of Practice on disciplinary and grievance procedures.
Timeline
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Claimant starts work
The claimant began employment as an apprentice roofer with the respondent, on an oral agreement including one week's notice.
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Apprenticeship Agreement signed
The parties signed an Apprenticeship Agreement and a Combined Commitment Statement with South Devon College, for a roofing framework ending 31 October 2021.
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Furlough begins
The claimant was placed on furlough leave due to the COVID-19 pandemic until 11 May 2020.
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PPE incident
The claimant refused to clean a dusty area without a face mask due to allergy concerns; the respondent was informed but the matter was not raised again.
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Market Hall roof incident
The claimant put his foot through an old roof; the respondent made light-hearted comments after ensuring the claimant was unharmed.
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Warning and four-week improvement period
The respondent told the claimant he intended to dismiss him but gave him four weeks to improve; also informed him a new apprentice would start.
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Dover Road ceiling damage
The claimant damaged a ceiling by putting his foot through roof felt; the respondent initially threatened to deduct costs but later waived them.
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Joseph Blight starts
Joseph Blight, aged 16, began work as an apprentice roofer with the respondent.
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Scaffolding concern raised
The claimant raised concerns about unsafe scaffolding; the respondent contacted the scaffolding company and was advised it was safe.
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Dismissal
The claimant found his possessions by the roadside and was told he was dismissed for not improving; he received one week's pay in lieu of notice.
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Starts work with Watertight Roofing
The claimant secured alternative employment as an apprentice roofer with Watertight Roofing.
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Resigns from Watertight
The claimant resigned from Watertight Roofing, citing transport difficulties after a team reorganisation.
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Sets up Rapid Roofing
The claimant started his own roofing business after being unable to find another apprenticeship placement.
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Reconsideration judgment on breach of contract
The tribunal revoked its earlier finding and held that the claimant was engaged on a common law contract of apprenticeship wrongfully terminated.
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Remedy judgment
The tribunal awarded the claimant £3,012.50 in total, including damages for wrongful dismissal, an ACAS uplift, and compensation for failure to provide written particulars.
The legal issue
The tribunal had to decide whether the claimant was employed under a common law apprenticeship (which requires proper cause for dismissal) or a standard employment contract. It also considered claims of age discrimination and automatic unfair dismissal for raising health and safety concerns.
The outcome
The tribunal upheld the claimant's wrongful dismissal claim, finding that he was a common law apprentice from 25 November 2019 to 31 October 2021. The dismissal on 17 August 2020 was a breach of contract because the respondent did not have good cause to terminate the apprenticeship early.
Compensation awarded:
- Damages for wrongful dismissal: £2,250 (loss of earnings for the remaining apprenticeship period, less mitigation)
- ACAS uplift (25% for failure to follow the ACAS Code): £562.50
- Compensation for failure to provide written particulars: £200
- Total: £3,012.50
Lessons & takeaways
- Apprenticeship contracts often have special legal status — check whether you are a 'common law apprentice' entitled to greater job security.
- Employers must follow a fair process before dismissing an apprentice, even if they have concerns about performance.
- Raising health and safety concerns does not automatically protect you from dismissal, but it may strengthen a claim if the dismissal is linked to those concerns.
- Failure to provide written particulars of employment can result in additional compensation of up to four weeks' pay.
A short-lived apprenticeship that ended badly
The claimant started work as an apprentice roofer in October 2019 on an oral agreement. In November 2019, he signed an Apprenticeship Agreement with South Devon College, which set the apprenticeship to run until 31 October 2021. But just 10 months later, he was dismissed — told he had not improved and given one week's pay in lieu of notice.
The tribunal found that the apprenticeship was a common law contract, not a standard employment contract. That distinction matters: a common law apprenticeship can only be terminated for good cause, not simply for poor performance or on short notice. The employer, Mr Kevin Mason t/a Kevin Mason Roofing Services, had not followed any proper disciplinary process and had already decided to dismiss before giving the claimant a four-week improvement period.
What the employer could have done differently
The respondent could have avoided this claim by recognising the legal status of the apprenticeship. Instead, he treated the claimant as an ordinary employee and dismissed him with one week's notice. The tribunal noted that the respondent did not issue written particulars of employment, failed to follow the ACAS Code of Practice, and did not properly investigate the claimant's health and safety concerns before dismissing him.
A fair process would have included giving the claimant a clear warning, a reasonable opportunity to improve, and a proper decision-making process. The tribunal also found that the respondent's decision to hire a new apprentice while the claimant was still employed suggested the dismissal was predetermined.
Why this case matters for similar claims
This case is a reminder that apprenticeship contracts carry special protections. Employees who sign apprenticeship agreements — even those that do not meet the strict requirements for a statutory apprenticeship — may still be common law apprentices. That means they cannot be dismissed without good cause and proper process.
The tribunal dismissed the claimant's age discrimination and health and safety dismissal claims, but the wrongful dismissal award of £3,012.50 — including an ACAS uplift and compensation for missing written particulars — shows that employers cannot simply ignore the rules.
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