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Employment ending when my daughter turns 18

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  • Employment ending when my daughter turns 18

    HI im, new to this forum so I hope you lovely people can help me.

    My daughter has had a job in the local paper shop/post office since she was 15 (she had all the relevant permissions from the school and local council). Her boss came round the other week and told her and us that when she turns 18 her job is ending. (This is due to the job being a young persons job?).
    Is he within his rights to do this or can she fight it, as when she finishes, someone else will be employed (another young person) to do the same job she is doing now.

    I hope you guys can give me some advice on this.

    Many thanks in advance
    Tags: None

  • #2
    Re: Employment ending when my daughter turns 18

    It seems that he's announced that he's either going to unfairly dismiss her by reason of Age discrimination or automatically unfairly dismiss her because she will be entitled to receive a higher rate of the national minimum wage (or both).
    He has no right to do this and Yes she can fight it.

    See the Equality Act 2010 s.13(1) direct discrimination
    http://www.legislation.gov.uk/ukpga/2010/15/section/13 

    & 39(2)(c) discriminatory dismissal
    http://www.legislation.gov.uk/ukpga/2010/15/section/39

    Also, the Employment Rights Act 1996 s.104A(1)(c) automatically unfair dismissal
    http://www.legislation.gov.uk/ukpga/...8/section/104A
    Last edited by mariefab; 15th November 2015, 05:49:AM. Reason: adding a bit

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    • #3
      Re: Employment ending when my daughter turns 18

      As [MENTION=26290]mariefab[/MENTION] said, if your daughter is dismissed when she turns 18 this will be automatic unfair dismissal because of direct age discrimination. Your daughter will be able to bring a claim.

      The only exception to this might be if your daughter was on a fixed-term contract, which had an end date coinciding with your daughter's 18th birthday. Frankly that's very unlikely.
      Disclaimer: I am not a qualified solicitor. Nothing provided herein should be used as a substitute for professional legal advice. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, you should seek professional legal advice before acting upon any opinion, advice or information provided herein.

      Comment

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