Employment Lawyers Can Answer Your Employment Law Questions
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What reason have they provided for now stating that she can no longer work the hours required?
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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?
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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