Possible unfair dismissal

[s.davies]

I worked as an apprentice in a Daycare from Aug 2013 until I was dismissed for gross misconduct on 27th April.

My alleged gross misconduct was for storing raw meat (sealed) and cooked meat (sealed) on the same shelf in the fridge whilst covering the nursery cook. I was an apprentice nursery nurse not a nursery cook and was doing it as a favor. Upon them discovering this I was issued with a recorded conversation and warned of the health implications which I was fully aware of. I apologized for my actions and simply put it down to human error as I was under pressure due to not usually working in a kitchen environment. I thought all was well and that I simply would not be put to cover the kitchen again. After my manager had a general meeting about the nursery with the Director she called me into the office to explain to me that the director was not satisfied with my punishment and wanted me to face disciplinary action in a hearing. I received paper work explaining why I was to attend this hearing and that if it was proven I was at fault I would be 'summarily dismissed'. The meeting came along on the 27th April and I was escorted off the premises like a criminal.
I understand what I did was a huge mistake but thought I would receive a written warning due to me not actually being employed as a cook or cooking assistant and also no harm came to anyone. I was also weeks away from completing my apprenticeship and due to this dismissal, almost 2 years of hard work has been lost.
Please help me make light of this situation.

[matt3942]

Re: Possible unfair dismissal

Hi [MENTION=68154]s.davies[/MENTION]

Do you know what type of contract you had, i.e. was it an Apprenticeship Agreement, or an Apprenticeship Contract? If you have a copy of the contract it would be beneficial to see. If you can't upload it to a post you may e-mail it to [MENTION=49370]Kati[/MENTION] at kati@legalbeagles.info

Remember to remove any personal information before you upload or e-mail it.

- Matt

[s.davies]

Re: Possible unfair dismissal

I'm not sure. I have tried to contact the government in which I was doing my apprenticeship with but they have not got back to me whatsoever. May i also add that during my time working there i have witnessed offences i deem to be far worse than the offense i had committed yet they were only given a warning. Also on the 24th April I received my pay slip and everything seemed normal, i then later checked my bank and they over paid me, then i received my pay slip after being fired and the sum on the p45 matched what they actually paid me. this seemed to me that they knew they were going to dismiss me, but i didn't have my hearing until the 27th April. Other circumstances were we had been overstaffed for some time and others hours were being dropped to the minimum and previously the director had expressed her dislike towards me.

[matt3942]

Re: Possible unfair dismissal

Thanks [MENTION=68154]s.davies[/MENTION] - it would help if we could see your contract/agreement as you may have additional rights depending on the nature of the contract. Have you attempted to contact your Apprenticeship provider? This would be the company providing the training and assessment.

- Matt

[SPQR]

Re: Possible unfair dismissal

Sorry s.davies, you can only claim for unfair dismissal if you have been working for your employer for over two years (even if the dismissal is actually unfair) (https://www.gov.uk/dismissal/what-to...oure-dismissed).

There may be an alternative claim though, which is why matt3942 has asked to see your contract.

[matt3942]

Re: Possible unfair dismissal

Absolutely! If you were on an Apprenticeship Contract then you are essentially protected from being dismissed except in the most serious cases of gross misconduct (i.e. where it becomes impossible to teach you), or where you being incapacitated.

If you can post your redacted contract it would be helpful.

- Matt

[Kati]

Re: Possible unfair dismissal

Contract -

[teaboy2]

Re: Possible unfair dismissal

Well the contract clearly states apprentice, but the disciplinary section is all but 2 sentences and refers to the company handbook!

I would say they treated the OP like any other employee here, whoever the OP was not a chef, was not qualified/trained in food safety or hygiene regulations and therefore should never have been in the kitchen acting as chef. I'd say the OP has a claim, as [MENTION=67649]matt3942[/MENTION] said "you are essentially protected from being dismissed except in the most serious cases of gross misconduct". I do not see how this is a serious case of misconduct when you were only doing what you were asked to do with out the relevant training of qualifications needed to carry out the job as acting chef, in fact that is negligence on their part not the OP's who looks like they have been made the scapegoat!

[s.davies]

Re: Possible unfair dismissal

Unfortunately I was trained in Food Hygeine at level 2. I do understand my mistake and I explained that. I said it would never happen again and that it was simply human error that I do regret. I thought they would empathise but obviously not. I do feel however it was exaggerated. I do feel they used it as an excuse to get rid of me

[matt3942]

Re: Possible unfair dismissal

Hi @s.davies - thank you for uploading your contract.

I would say this is an Apprenticeship Contract. Simply writing 'Apprentice Nursery Nurse' doesn't satisfy S. 2(2) of The Apprenticeships (Form of Apprenticeship Agreement) Regulations 2012, and so cannot be considered an Apprenticeship Agreement.

In this case the employer cannot dismiss you except in cases of serious misconduct, and I don't think the behaviour you've described qualifies as serious misconduct. IMO you do have a claim for unfair dismissal.

My advice is to contact your local Citizens' Advice office and try to make an appointment with an employment law specialist who can advise you further.

Please let us know what you decide to do next.

- Matt

[ElizabethA]

Re: Possible unfair dismissal

I worked as an apprentice in a Daycare from Aug 2013 until I was dismissed for gross misconduct on 27th April.

My alleged gross misconduct was for storing raw meat (sealed) and cooked meat (sealed) on the same shelf in the fridge whilst covering the nursery cook. I was an apprentice nursery nurse not a nursery cook and was doing it as a favor. Upon them discovering this I was issued with a recorded conversation and warned of the health implications which I was fully aware of. I apologized for my actions and simply put it down to human error as I was under pressure due to not usually working in a kitchen environment. I thought all was well and that I simply would not be put to cover the kitchen again. After my manager had a general meeting about the nursery with the Director she called me into the office to explain to me that the director was not satisfied with my punishment and wanted me to face disciplinary action in a hearing. I received paper work explaining why I was to attend this hearing and that if it was proven I was at fault I would be 'summarily dismissed'. The meeting came along on the 27th April and I was escorted off the premises like a criminal.
I understand what I did was a huge mistake but thought I would receive a written warning due to me not actually being employed as a cook or cooking assistant and also no harm came to anyone. I was also weeks away from completing my apprenticeship and due to this dismissal, almost 2 years of hard work has been lost.
Please help me make light of this situation.

As an apprentice you are on a fixed term contract and you can NOT be dismissed for this. If the apprentice commits misconduct or breaches the apprenticeship contract, this does not necessarily mean the employer can stop the training. The misconduct has to be so extreme that it means the apprentice can no longer be taught the trade. They can only be dismissed fairly for misconduct if they are effectively unteachable.

You should contact your employer and be going through ACAS.