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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47609
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I believe I have been dismissed from my apprenticeship unfairly.

Customer Question

I believe I have been dismissed from my apprenticeship unfairly. No investigation was in place. I was left upset and feeling threatened. My mother would like to take legal action but I am unsure what steps to take next. Any thoughts?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What reasons were used for the dismissal and how long did you work there for?
Customer: replied 2 years ago.

I was there for 4 weeks, on a year contract. I was not made fully aware of my dismissal. In her opinion she doesn't think I can for fill my Contract.

Expert:  Ben Jones replied 2 years ago.
As an apprentice you have the normal rights against unfair dismissal as any other employee and additional rights for potential breach of contract. As far as unfair dismissal is concerned you are not able to claim anything for that or take the matter further because you need at least 2 years’ service to be able to claim, which you do not have. Instead you can only claim for breach of contract because you have had your apprenticeship terminated early. It is possible for the employer to terminate your apprenticeship early but they must be able to show it was because you were guilty of gross misconduct or your performance was so poor that the continued training was no longer possible. The employer has not provided any formal reasons for this so at this stage you are able to make a claim for breach of contract in the county court. This can be done by going to www.moneyclaim.gov.uk and issuing the claim through there.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have accessed and read my answer to your query. 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? I just need to know whether you need further help or if I can close the question? Thank you