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dismissal help please

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  • dismissal help please

    My daughter (20) started with a small business on a free four week trial on 22 September 2014, following this she was offered a one year apprenticeship starting on 24 October 2014. At the end of the apprenticeship she was taken on by her employer with a start date of 26 October 2015.

    On 31 August 2016 my daughter was invited to attend a performance review with the owner of the company, the owner shared some concerns regarding my daughter's performance and my daughter made some responses to mitigate certain points made.

    No copy of the document was offered to my daughter and therefore she requested a copy two weeks after the meeting (which was supplied but without any of the notes taken during the meeting).

    Following the performance management my daughter made a concerted effort to address the issues raised - slow work rate being the most apparent issue. She believed that she was making progress on this.

    On Friday 23 September 2016 at the end of the working day my daughter was given a letter terminating her employment with immediate effect and with one weeks pay in lieu of notice. The owner stated verbally that the business had gotten smaller and that she was going to take on the role that my daughter had carried out (admin/Web) and said that my daughter needed to spread her wings. My daughter stated at this time she had been trying hard at work and this was acknowledged

    When I saw the letter I got my daughter to ask for a more specific reason for the dismissal - as to be honest my daughter wasnt sure if she had been fired or not, the response was that my daughter had been dismissed for consistent poor performance. the new letter stated that she had the opportunity to appeal the decision.

    I suppose what I am asking is that given the company did not use a disciplinary procedure to get to this stage what rights does my daughter have - also given that they are stating that she has less the one year's employment with them as they are not including the apprenticeship and free trial.

    sorry for war and peace but want to make sure all the details are listed
    Tags: None

  • #2
    Re: dismissal help please

    HI,

    I'll tag @matt3942 and @des8 for you, they've helped me loads as my son was dismissed from his apprenticeship too.

    If you can upload a copy of your daughter's contract with with personal details and company names removed that will help them

    Kind regards
    Jo
    Last edited by Jojo71; 28th September 2016, 12:54:PM. Reason: redaction addition

    Comment


    • #3
      Re: dismissal help please

      This may help.

      http://www.legislation.gov.uk/ukpga/1996/18/section/230

      2)
      In this Act “contract of employment” means a contract of service or apprenticeship, whether express or implied, and (if it is express) whether oral or in writing.
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb


      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.


      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

      Comment


      • #4
        Re: dismissal help please

        As I said on Jojo's thread., employment isn't really my scene

        However apprentices come within the definition of employee in the legislation. so if an apprentice remains with the employer after completing apprenticeship, the period as an apprentice counts for the purpose of qualifying for rights to notice under the legislation.
        You also said worked for the employer for four weeks prior to the apprenticeship.
        It seems to me that she was working continuously for this company for over 2 years before dismissal, so she has certain rights.
        I'll leave it to [MENTION=7458]matt[/MENTION] and [MENTION=26290]mariefab[/MENTION] to advise on those rights and the action that may be available

        Comment

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