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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44892
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have a salon and i am unable to keep my junior on my payroll,

Customer Question

I have a salon and i am unable to keep my junior on my payroll, am i able to release her and have her college send her to another salon, she is not under any contract with me, as i have just taken the salon over
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Is this an apprentice?
Customer: replied 1 year ago.

yes, a level 3 apprentice

Expert:  Ben Jones replied 1 year ago.
Why are you not able to keep her?
Customer: replied 1 year ago.

she should be working on the shop floor by now, earning money for the salon, but she is not ready or able, and i have another lower level junior.and can not afford to pay for both. And the lower junior is only a 1st year, and her wage is lower, which i can meet.

Expert:  Ben Jones replied 1 year ago.
Apprentices have additional rights to employees and one of the main ones is that they cannot be made redundant. So you cannot let her go simply because you cannot afford to keep her. If you do you would be acting in breach of contract and she could sue you for loss of earnings and loss of opportunity. You can only dismiss an apprentice for reasons related to performance and misconduct. When I say performance it does not mean that if they are underperforming you can automatically dismiss them. You must bring this to their attention, give them the chance to improve, provide additional training and so on. Only if there is a continuous failure to perform and they are actually not able to do their job should dismissal be discussed – in other words they must become ‘untrainable’ before a dismissal would be considered fair. So unless you can show that or that she was guilty of serious misconduct, you cannot dismiss her as you would be breaching her contract. It does not mean that she would sue you though but the risk is there so you need to evaluate how big it is before you decide whether to go ahead and dismiss anyway or act more cautiously. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.

thanks, ***** ***** therefor put her on a months trial to try and get her to perform better, on a new contract, as she does not have one to date from me , or the previous owner.And carry on her training as planned and hope she can make the step onto the shop floor and bring in her own clients and boost the salons takings. If she does not manage this then talk to her about leaving.

Expert:  Ben Jones replied 1 year ago.
You cannot give her a new contract she is entitled to keep the one she was on before you took over so it must be on the same terms. But the rest is acceptable although remember that her performance has to be seriously bad before you can dismiss. As mentioned she must be something along the lines of being untrainable to justify dismissal. Hope his clarifies a bit more?
Customer: replied 1 year ago.

Thanks again, you have been a great help. and very very informative...however 1 last question, she does not have a contract at all, not even from the old salon manager, so can i add this to her new and first contract, stating if she fails to improve badly, and is un capeable to do the job, at this time, sadly

Customer: replied 1 year ago.

Thanks again, you have been a great help. and very very informative...however 1 last question, she does not have a contract at all, not even from the old salon manager, so can i add this to her new and first contract, stating if she fails to improve badly, and is un capable to do the job, at this time,

Expert:  Ben Jones replied 1 year ago.
this would not be part o the contract, it is just something which would be expected in any event - she must perform to reasonable standards and you can identify what these are in the contract, then the fact she has not managed to after being given the chance to could be used against her. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you

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