Dismissing an apprentice?

[ellideb]

Hi everyone.

Without giving too much detail away, I've had an apprentice for a while now and her absenteeism due to her health is shocking. Think at least 3 days every month. I've had enough and I'm fed up of it. I'd like to dismiss her but as this is my first time employing somebody, I only have a vague idea how to go about it and obviously I'd like to do it fairly and legally. I'm aware of acas and other sites but their terminology is a bit confusing. Can anyone give me an outline of what steps I need to be taking please?

 

[byKaty]

I'd have thought you would need to have disiplinary procedures in place for such matters as an employer?
Have you brought her in for informal/formal discussion? Have you given her any sort of formal warning?

 

[AcidPerm]

Presumably if she's been absent a lot, her ability to learn from you has been compromised?

If you want to dismiss, focus on her poor quality of work/lack of progression rather than absence through ill health.

 

[pinkknailss]

3 days a month? Is she perm?
If she is she needs warning, 2nd warning etc.
Your disaplinary procedures should be in her contract/staff hand book?

 

[surf girl]

Contact the training provider where she came from originally, they will assist you

 

[byKaty]

Def make sure you follow your procedures to the letter ie; verbal warning, written warning etc.
If it genuine ill health have a chat to see if there's anything can be done to minimise time off.
Obviously if she's taking the P and getting sh1tfaced every other night then different story but still do everything the right way.

 

[Navada]

My advice would be join the NHF (national hair federation) they have a legal advice line which is free to members and they also offer Apprenticeship contracts. They will help you every step of the way. Hiring and firing apprentices is a minefield (I have been doing it for 25 years) we have had some shocking stories but the NHF has always helped us through even though I think some of the procedures are long winded and ridiculous it does cover you. The law has recently changed to make a little easier to dismiss an apprentice however getting it wrong can be costly (more so than dismissing a stylist) A top tip would be make notes and records of everything with dates and times even a small conversation with your apprentice ask her lots of questions and note the answers word by word in my experience there explanations for being off nearly always catch them out. Hope this helps.
By the way I don't work for the NHF.

 

[topcuts]

You'll be lucky to be able to get rid of her I am afraid. Apprentices are pretty much guaranteed that job until the end of the term or whatever your contract States. I had one who basically I was told by FSB could come in once every 6 weeks and still keep her job. They are very protected. you basically have to keep sending her legally advised template letters inviting her in and inviting her intent to leave / stay and so on and just annoy her enough and hope she doesn't turn up to any meetings and a letter to say 'if I don't hear from you by such and such date I shall consider it as your resignation tender' but follow every step you're legally advised. It's a nightmare. good luck.

 

[BettyBaa1994]

Hi everyone.

Without giving too much detail away, I've had an apprentice for a while now and her absenteeism due to her health is shocking. Think at least 3 days every month. I've had enough and I'm fed up of it. I'd like to dismiss her but as this is my first time employing somebody, I only have a vague idea how to go about it and obviously I'd like to do it fairly and legally. I'm aware of acas and other sites but their terminology is a bit confusing. Can anyone give me an outline of what steps I need to be taking please?

You have to give more details, I am a afraid as yes it can be done but really depends on why, where you are based and whether you took funding to take her on. This applies through out UK- If you got the apprentice from a college talk to them first as if she is not turning up for work she is not getting the 'education' needed and in theory kicked of her course. You have to be working for a minimum of 30hrs per week to qualify as an apprentice. You cannot be not working and be a apprentice / not be in college and be an apprentice. It is work-based training.

I am from England so this applies really here but maybe for the rest of the uk-

Do you have a contract?
Does it talk about termination of the contract?
What type of apprenticeship is it? modern apprenticeship e.t.c
How long does she have in studying? is it worth sacking her?

A contract of apprenticeship is for a fixed term, it cannot legally be terminated before the expiry of that term. This means you cannot simply terminate it because the apprentice is not up to scratch or has a conduct problem. You do need to sit down and have a formal documented discussion with him/her about the situation to try and get him to improve. You need to find out if he needs any extra support or training. You should review the matter weekly with documented meetings and give it few more months.

If ultimately you do decide to dismiss you need to pay him the value of the apprentice contract otherwise he would take you to an employment tribunal for breach of contract. This is somewhat open to interpretation but should be agreed by both parties i.e 2 weeks paid leave e.t.c Reason for dismissal should be in writing and documented.

Normally, you would only be able terminate the contract if they had committed an act of gross misconduct or if there was continual neglect of duties or serious incapacitation to the extent that it’s become impossible for you to teach the apprentice (having followed a fair dismissal procedure).For example coming in drunk, stealing, abuse... See ACAS for advice.

So consider if they have reached that level, but make sure that you issue her with formal warnings first to warn her of her conduct/capability and give her the chance to improve first. Only consider dismissal if there is an evident issue of gross misconduct or a lack of capability that will compromise the apprenticeship. If you dismiss straight away, you can be taken to tribunal . Normally that could cost around a few thousand for rest of money owed e.t.c and often compensation.