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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48538
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi there, My situation is thus: Modern Day Apprentice taken

Customer Question

Hi there, My situation is thus:

Modern Day Apprentice taken on in small business <5 employees.
Began work on 060514.

3 Month probationary period in writing to Apprentice.
Contract now lost which provided a large part of her work.
Apprentice stated skills on CV critical to the job which were not there.
Basic tasks are thus not being completed to a standard or in good time.
The business cannot continue supporting the apprentice and another designer who is trained.
How correctly dismiss?

Thanks

Regards

D
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

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

JACUSTOMER-ym9gxq12- :

Hi Ben, Thanks I'm Dan.

JACUSTOMER-ym9gxq12- :

Yes college contacted us and we took her on through the college

Ben Jones :

ok and how long has the designer been with you please

JACUSTOMER-ym9gxq12- :

The apprentice one month tomorrow the designer since November last year

Ben Jones :

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.

JACUSTOMER-ym9gxq12- :

Thanks

Ben Jones :

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?

Ben Jones :

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