Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is Ben and it is my pleasure to assist you with your question today. can you tell me was the apprentice take on through the collage
Hi Ben, Thanks I'm Dan.
Yes college contacted us and we took her on through the college
ok and how long has the designer been with you please
The apprentice one month tomorrow the designer since November last year
Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.
Many thanks for your patience. From what I understand you wish to remove the apprentice from her post and dismiss her. Whilst legally that is possible, it may not necessarily be easy and without its risks. That is because apprentices have certain enhanced rights, in addition to normal employees. This is because they are not just employees but are also contracted to receive training and skills through their apprenticeship. So even though an employee with less than 2 years’ service can be dismissed quite easily because they are not protected against unfair dismissal, apprentices would have additional rights to claim for breach of contract to cover the remainder of their apprenticeship.
The only circumstances in which an apprentice can be dismissed is if they are guilty of gross misconduct or serious poor performance, where their continued employment becomes impossible. But we are really talking serious issues, for example in the event of poor performance you must try and help them first, offer extra training, give them the chance to improve and only dismiss as a last resort if they have not improved.
So from a legal point of view it would be safer to dismiss the designer as she is not protected against unfair dismissal and you can safely dismiss just by giving her the contractual notice period she is entitled to. But if you must dismiss the apprentice then ensure you can justify it was for gross misconduct or serious poor performance.
Hope this clarifies your position?
Hi, not sure if you have seen my response yet but please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks