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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50712
Experience:  Qualified Employment Solicitor
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I have employed a 17yr old on an apprenticship. She started

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I have employed a 17yr old on an apprenticship. She started with us late August 17. I went through a college and explained to them the role and hours as we work late nights and early mornings and they advertised for the role and gave us some candidates to chose from. The assessor for the the employee has now stated she cannot work the hours we require. As a small business I cannot afford or have the work during daytime hours to keep her going. The hours we work can be until 4am etc. Where do I stand leagally by terminating her contract and can I do this with immediate effect??

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

What reason have they provided for now stating that she can no longer work the hours required?

Customer: replied 7 months ago.
Because she is under 18 and cannot work between the hours of 10pm -6am

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Can I just check that you knew about her age at the time you employed her? Also is she employed under an agreement that was issued in accordance with the Apprenticeships, Skills, Children and Learning Act 2009 or under an approved apprenticeship framework. It must be in writing and state that it is issued under this Act or a recognised framework?

Customer: replied 7 months ago.
we new her age but had no idea that she couldn’t work the hours. She was employed under an approved apprenticeship framework through a local college

Thank you. If the employment is under an apprenticeship agreement, the apprentice’s rights will not be as good as if they were employed under an apprenticeship contract. It means that there is no expectation that they would be retained for the period of training or that the employer could be acting in breach of contract if they dismiss them early. The apprentice can be dismissed subject to the usual fair dismissal rules, including being made redundant. They would be entitled to their contractual notice period and any accrued holidays but not to any further damages for the loss of opportunities or loss of training. It is also important to note that as no unfair dismissal protection applies to employees (or apprentices working under an apprenticeship agreement) in the first 2 years of service, they can be dismissed quite easily, even if there was no apparent fair reason for doing so.

So as long as you give her the notice period due under contract and any due holidays, the dismissal can proceed.

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