Employment Lawyers Can Answer Your Employment Law Questions
Hello. I am Ed, a Solicitor qualified in England & Wales with over a decade’s experience in the legal profession advising clients.
I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and will be able to resolve your legal problem today.
I have read through the contract and your detailed instructions.
Apprentice Contracts are very difficult to terminate from the employer's point of view. In fact, even Gross Misconduct may not be enough!
The main risk is the probationary period clause, so there may be scope for the employer to argue that they had the right to terminate after three months.
It appears to me that your daughter have an arguable case that she was Wrongfully Dismissed.
A claimant has three months from the date of dismissal to lodge an ET1 Claim Form with the Central Tribunal Office. This is a very strict and very short time limit, so if you want to bring a claim, I strongly recommend that you act immediately.
You must notify the government's employment Advice Conciliation and Arbitration Service (ACAS) to commence their Early Conciliation Process (ECP), which is mandatory. The ACAS ECP will “freeze” the three-month limitation deadline to issue Tribunal proceedings. During the ECP, ACAS will attempt to facilitate a Settlement Agreement between the employer and employee.
I hope this resolves your enquiry. Please revert to me if you have any further questions and I will be delighted to assist.
Otherwise, I shall be grateful if you will please mark your enquiry as “Closed” and give me a “Positive” rating in order to conclude this matter.