How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48160
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

My partner is currently a training dental nurse attending

Resolved Question:

Hello my partner is currently a training dental nurse attending both college and a job, she has been doing this for a year and has 6 weeks left of the college course thus far has passed every exam and finished all course work on time and last year had a very good level of attendance. However the start of this academic year (the last 6 weeks) the first week she wasn't informed the college had started again and missed the first week but every one else on her course was informed via the college and she wasn't. And then she missed the second week because her job was under staffed and needed her to cover the shift. Then she had 2 weeks holiday which she informed the college about and also her boss at work who ok'd it
She went back to college today and has been informed that because of her attendance this academic year that she is being removed off the course and will lose her job over it.
But she until now had been unaware of this issue as the college has never let her no about his issue until today. Is there any advise or anything she can do about this situation?
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. Have you checked any of the college policies to see if they can do that?
Customer: replied 1 year ago.
I wouldn't no how to or where to look to be honest
Customer: replied 1 year ago.
And what would I be checking to see what they could do what sorry ?
Expert:  Ben Jones replied 1 year ago.
Whether they can take her off the course. Also is she considered an apprentice by the employer?
Customer: replied 1 year ago.
Yes It seen as a apprenticeship but she got the job on her own without the college.
Customer: replied 1 year ago.
Also on the college website it only says for under 18s that they will sign a form to allow the college to inform the gardian or parent of low attendance. Nothing about adults even on the apprenticeship side of the website
Expert:  Ben Jones replied 1 year ago.
ok so the college and the job are not linked officially, she is doing both separately? And why are they intending on dismissing her exactly?
Customer: replied 1 year ago.
She's just informed me they are linked.
And poor atandence for this term only they have it as 33% 6 weeks one day a week she's attended 3 day and missed 3 days which I have at 50%
Expert:  Ben Jones replied 1 year ago.
In the first instance she needs to check any specific policies in the college which deal with their ability to terminate her attendance. You need to specifically ask them to provide these and show you what rules they are relying on to terminate her attendance.
They should have a formal complaints procedure where you can take your case higher up with them up until you have received a final decision. It really depends on the terms she signed up under and whether she has triggered any clauses which would allow them to terminate her. But you have the right to ask that they are pointed out to you so you are satisfied that they have acted properly.
As to the job, unfortunately the employer cannot be challenged over the decision to dismiss her if she is no longer enrolled on the linked course. The challenge is aimed at the college not the employer. If they can help her get on a different course they should but if they can’t then they cannot be expected to continue employing her if she is not on a course. So you have to try and resolve this with the college in the first instance.
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
Ben Jones and other Employment Law Specialists are ready to help you