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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Myson is an apprentice and has had some mental health issuse,

Resolved Question:

Myson is an apprentice and has had some mental health issuse, now his work has decided. He cant cope with the responsibility, and are sacking him. He is 19 can they do this ifeel its unfair as depression is hard enough without his work making this decision so soon.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones : Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Have they tried to help him in any way? Please note I am in meetings this afternoon so will respond fully early this evening thanks
Customer: No not really he spoke to a chaplin whos linked to his work. My son wanted to keep working through this but his gp gave him a two week line when he took his line in to work his manager told him. Just to use it , the work phoned once to enquire about his health and requested a meeting today, and the out come was that they think he cant cope with the pressure of work. There was two managers at the meeting they offered him a colleague to be present but my son refused, as this is his first meeting of this sort i dont think he understood this might have been a good idea.
Ben Jones :

Thanks for your patience. Apprentices have extra rights in law when compared to ‘normal’ employees in a sense that they will also have protection under contractual law because the apprenticeship they are employed under would be a separate contract where tee employer is contractually promising to provide them with training for a minimum period of time. Therefore, breaking that contract would be a contractual breach and the apprentice could seek damages for breach of contract.


 


The circumstances when an apprenticeship contract could be terminated are quite limited and certainly not as many options exist as in the case of employees. An employer can only really terminate an apprenticeship contract in the event of gross misconduct or serious underperformance. There is no gross misc9nduct here and whilst he may be struggling with the course and need help due to his condition, that does not mean that they can just go ahead and dismiss him without having considered the situation beforehand. This would generally involve meeting with him to discuss the issues, finding ways to assist him and offer him help with managing the workload, etc. They should have asked for doctors’ reports to determine the seriousness of the issues and the prognosis for recovery. If they had gone straight for dismissal, it is unlikely this would have been fair so he may challenge it not only as a potential breach of contract but also as disability discrimination as depression can also amount to a disability in law.

Customer: Thanks this helps alot.
Ben Jones :

You are most welcome

Ben Jones, UK Lawyer
Category: Law
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Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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