Unfair dismissal apprenticeship

user07677 · 2022-12-14T10:34:18+00:00

I have been at my apprenticeship for only one month, I experienced work place bullying within this time and have been laid off today and I believe is under unfair dismissal they have not told me why I have been dismissed and the day before I had handed in my notice and given the correct notice period which was a week but then today I have been let go and not been told why, I also believe it's an apprenticeship contract not agreement as the training is provided in there work place and care, can I take it further?

Bunda · 14/12/2022 10:44

Contact ACAS

ChristmasCakeAndStilton · 14/12/2022 10:48

You'd already handed in your notice.
So are you after your wages for the 1 weeks notice? Or something else?
Work out what you ideally want from any discussions, and go from there.

Quveas · 14/12/2022 10:50

You have two issues. The first is that "unfair dismissal" requires two years service and you don't have that. The second is that that is irrelevant as apprentices (assuming this is a proper apprenticeship) operate under their own rules and the law is applied differently to them. You actually MAY have better rights because you are an apprentice. Rather than explain it here, there's a link here www.employeerescue.co.uk/document/employment-rights-of-apprentices#:~:text=You%20have%20the%20right%20to,your%20future%20role%20or%20qualification.

To take this further you would need to speak to whoever is the training provider (which won't be the employer). But in all honesty, your best hope is that the training provider can direct you to another apprenticeship as this would be a potentially difficult and costly case to win (unless you are in a union who would support you). And that is assuming that you have a case - I can't really say as the employer may have (or be able to show) reasonable grounds for laying you off, which is one of the valid reasons for terminating an apprneticeship contract.

Quveas · 14/12/2022 10:51

Oh and sorry, I misread your OP - since you handed in your notice first, then no, you have no cause for complaint and can't take it further. Although knowing apprenticeship contracts are different may be helpful for someone else (or you in the future)

Thefriendlyone · 14/12/2022 10:53

No you can’t have unfair dismissal under these terms

you quit, is the issue really you want paying for the weeks notice?

Original poster

user07677 · 14/12/2022 10:57

@Thefriendlyone no it's the fact that I had handed in my notice and have been dismissed but not told why I have been dismissed and it's not about the money at all it's more this is my first job I don't want this on file preventing me from future jobs when I haven't done anything wrong.

OP posts:

Original poster

user07677 · 14/12/2022 10:58

@ChristmasCakeAndStilton no nothing money wise purely just the reason for dismissal and If it stays on my file as that's what I don't want as I haven't done anything wrong so nothing money wise purely just don't want future jobs to be affected

OP posts:

Quveas · 14/12/2022 11:00

user07677 · 14/12/2022 10:57

@Thefriendlyone no it's the fact that I had handed in my notice and have been dismissed but not told why I have been dismissed and it's not about the money at all it's more this is my first job I don't want this on file preventing me from future jobs when I haven't done anything wrong.

I don't think you have been dismissed. You handed in your notice, they accepted it, and it actually sounds like you have effectively been told that you are not required to work your notice. As long as you are paid your notice period correctly, an employer can "lay you off" from work if they want to.

QforCucumber · 14/12/2022 11:01

Have you not just been told to not bother working your notice? Rather than actual dismissal?

if you’ve been there only a month I can see why they’d not want to spend another week training you in a job you are leaving next week anyway so would say that’s fine, don’t work your notice just finish up today instead

Unbridezilla · 14/12/2022 11:03

What file? There's no file that flows you around from job to job.

And what do you actually mean by "take this further"? What do you actually want them to do?

I imagine that the workplace decided that they didn't want to continue training you for a week when you were on notice. See it as free time to start looking for a new apprenticeship/job and move on.

Original poster

user07677 · 14/12/2022 11:03

@QforCucumber okay, that's all I wanted to know anyways, I genuinely just didn't want it to affect future jobs that's all

OP posts:

Original poster

user07677 · 14/12/2022 11:04

@Unbridezilla someone had told me that it would go on file so future jobs could be affected that's all so that's what I was worried about

OP posts:

dreamersdown · 14/12/2022 11:11

The working world isn’t like school or college - there isn’t a “file” of information on you held anywhere with details of your jobs (aside from the tax office). Move on, and just don’t write this job on your CV.

curiositydoll · 14/12/2022 11:16

What file?

FirstnameSuesecondnamePerb · 14/12/2022 11:50

You simply don't mention it again and start your search again.

Liky22 · 27/07/2023 22:11

I been working for a company where I completed a apprenticeship course and as covid vaccines became mandatory I find myself in a position to live the job in August 2021 . Today I received a letter with a P45 from the company saying that I have to pay student loan ! I never signed any contract with them about the apprenticeship ! What should I do in this case ?

prh47bridge · 28/07/2023 00:00

Whether you signed a contract is irrelevant. You should have been sent a letter setting out the particulars of your employment, either before or shortly after you started. If that required you to repay the company's costs if you left within a certain period, that is likely to be binding.

sadaboutmycat · 28/07/2023 00:06

Liky22 · 27/07/2023 22:11

I been working for a company where I completed a apprenticeship course and as covid vaccines became mandatory I find myself in a position to live the job in August 2021 . Today I received a letter with a P45 from the company saying that I have to pay student loan ! I never signed any contract with them about the apprenticeship ! What should I do in this case ?

Student loans and Apprenticeships are totally separate from totally separate funding. If you took out a student loan (Advanced Learner Loan) it will be Student Finance England and you will have to pay. If it was an official Apprenticeship they are not allowed to ask you to pay.

bernieaa · 28/07/2023 01:32

Quveas · 14/12/2022 10:50

You have two issues. The first is that "unfair dismissal" requires two years service and you don't have that. The second is that that is irrelevant as apprentices (assuming this is a proper apprenticeship) operate under their own rules and the law is applied differently to them. You actually MAY have better rights because you are an apprentice. Rather than explain it here, there's a link here www.employeerescue.co.uk/document/employment-rights-of-apprentices#:~:text=You%20have%20the%20right%20to,your%20future%20role%20or%20qualification.

To take this further you would need to speak to whoever is the training provider (which won't be the employer). But in all honesty, your best hope is that the training provider can direct you to another apprenticeship as this would be a potentially difficult and costly case to win (unless you are in a union who would support you). And that is assuming that you have a case - I can't really say as the employer may have (or be able to show) reasonable grounds for laying you off, which is one of the valid reasons for terminating an apprneticeship contract.

No you can be unfairly dismissed
it's just harder to prove before 2 years