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.