Trainee Hairdresser sacked for being pregnant....

[missnatalie]

...Can they do this. DPs cousin has been sacked and reason given is because shes pregnant. Shes 19 and is doing a modern apprentiship at a local salon with 1 day release to college. What rights does she have. Surely the employer cant do this and get away with it. Being an apprentice does she have any rights?

I may be being thick here but as an apprentice is she classed as an employee?

Was she given a contract when she started work there. Do they pay her and deduct NICs and Tax from her?

If she is officially an employee then no they cannot do this. Tell her to get to CAB quick and check out her rights.

Shes classed as a employee BUT they never gave her a contract to sign. She does pay NI and TAX. Ive told her to ring the CAB and ACAS (they delt with a tribunal (sp) case for me). I just cant beleive there even attempting to do this. Shes been with them for quite some time and has never had a day off sick.

she has to get tot he cab or is it acas?

fm goes back to read properly

she has to et in touch with them asap - the fact that they never gave her a contract may also count against them. i would think that she can claim unfair dismissal and sexual discrimination.

The DTI website says this about termination of contracts and employee status.

Apprentices come within the definition of employee in the legislation. Normally a contract of apprenticeship will in effect be a fixed-term contract of some years? duration and no notice will need to be given under the legislation on its completion. If, however, it is terminated before completion, the minimum period of notice provisions (see above) will apply. 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.

DTI Link

I can't imagine how she doesn't have the same rights as any other employee with regard to unfair dismissal. I know laws about minimum wage are a bit different with apprentices so it IS worth checking this with CAB. However, it sounds awfully like they employer doesn't have a leg to stand on. I hope not anyway! Poor girl.

DTI link re: Contracts Contracts can be oral or written. If no written contract is signed, then an oral "assumed" contract comes into effect once she starts work.

WOW. Thanks girls. It seems that employer may be in the wrong then. I hope he is. Its so unfair for her. Shes only 19, baby on the way. She doesnt need this right now. Ive passed all your info onto her mum so hopefully she'll sort it. She's really upset about it. I personaly think that its got something to do with MAT pay. I dont think that they want to pay her. Im sure i read somwhere though that they still have to pay her.

i'm pretty sure they do but the cab should be able to definitely advise her on this. good luck x

hi there they cannot do that if she is out of her probationary period it is highly illegal and she should take them to an industrial tribunal.
if however she was in her probationary period then they can terminate employment without any notice and dont even need to give a reason so you need to check with her if they told her about the length of her probationary period as some employers and salon owners now choose to extend the probaitonary period for the entire length of the apprentiship this should have been laid out and put in writting at the time of employment to make it legaly binding though

for full and acurate advice go to the national hairdressers federation website where you will be able to contact them they will be able to give you the best possible advice on her rights and what to do next

the link to that website is:
www.nhf.biz/index.htm

i hope she gets this sorted and i wish her every luck
hope this help