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    • I have sent a response to quote that and also say that i will be submitting my already prepared claim to the county court   Thanks for the quick response! I will see what happens next
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    • Ignore it.   Or,   If it were me I would send in the following email  
    • Below is the response i have received to the emailed version of the letter of claim.  They should get the actual letter today       Thank you for contacting our Executive Office team. My name is Gavin and your email has been received and I have personally been asked to investigate this matter for you.   I’m very sorry this has happened, and I would really like to help you with this today by assisting you in making a claim, should you wish to do so.   I can see that this parcel was booked through Packlink Shipping. Packlink use our network to send their parcels through, but they are an independent shipper and any enquiries about their parcels need to go directly to them.   Here is the link to the Packlink website and claims department: https://support-ebay.packlink.com/hc/en-gb/articles/360014270619   You can also make contact with Packlink with the links below.   • eBay Delivery Help Center: https://support-ebay.packlink.com/hc/en-gb • Packlink Help Center: https://support.packlink.com/hc/en-gb   I hope this helps you to get your Packlink enquiry resolved.   Kind regards,        
    • I'm sorry to say that nothing you have written above changes anything. You need an address. I suppose you could get some investigator to find it but the amount of money it will cost you will probably exceed what you are claiming. Also, you need to be very careful about the way that you approach this because you don't want to find yourself in a position where suddenly the tables are turned on you and you are being subject to complaints about harassment. This means that you need to be very delicate and gentle and discreet about the enquiries you make. There is a way of serving papers on someone if you cannot find their address – if you happen to know their bank, for instance or a lawyer that they use, for instance. Or their place of work. It's called "substituted service" – but it's not straightforward. I don't know the procedure particularly but I'm quite certain that it requires an application to a judge and this itself will cost you money and although the amount that you are claiming is a significant amount of cash, you may still decide that it's not worth it. I'm only referring to this procedure so that you know about it – but not as a serious suggestion that you try it.   https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
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Apprentice son unfairly sacked please help


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Hi

 

My 19 year old son was sacked for poor performance 16 months into his 3 year apprenticeship.

 

He was given 15 minutes warning of his disciplinary hearing and no evidence in advance. No notes were taken and his companion in the hearing was told to make no comment. No notes were taken and when i asked for a copy of the notes they should have recorded they cobbled together a 9 sentence document (spread over 3 A4 pages) as a supposed record of a 20 minute meeting. It takes 1 minute to read.

 

My son was stunned as he had received no verbal warnings and thought things were ok. 2 days later when his wages were due the company paid half his wages. When i called up they said the money was just not there and everyone had received half their wage. He received the balance a week later. In the following week 5 other members of staff were made redundant.

 

It became quite clear that he was removed because they thought he'd be easy to get out because hes just an apprentice. Obviously the company is having financial problems and reducing the wage bill.

 

We wrote and asked for evidence of his poor performance as the phrase itself is ambiguous and the MD wrote back saying they had no more evidence and disagreed the dismissal reason was ambiguous. 4 days later the same MD chaired my sons appeal and will decide if his dismissal is fair.

 

We have appealed because they did not follow ACAS procedure in the initial hearing and he had no warnings before instant dismissal. Awaiting decision.

 

Any help please, we are desperate.

 

Can he go to a tribunal with only 16 months service if not are any other avenues open to us

Edited by honeybee13
Paras.
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hello,

 

is this a formal apprenticeship, with a 3 way agreement including a college?

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Yes i believe it was/is. The chap from the college was in the week before my son was sacked. he had come in to say he had gained his level 2 Qualification.

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have a read here

 

http://www.personneltoday.com/hr/apprenticeships-how-to-avoid-employment-law-problems/

 

you need to have a good detailed read of the contract to work out what kind it is, and what the options are

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Thanks Emmzzi. i think it must be ASCLA although i cant see where it says it is governed by the law of england and wales. Maybe omitting this technicality could mean it must be seen as common law apprenticeship?

It also says,

Dismissing an apprentice

Where the arrangement is terminated by the employer, or terminates automatically at the end of a fixed term, there will be a dismissal for the purposes of the Employment Rights Act 1996 and therefore the potential for an unfair dismissal claim exists.

Of course the time he has worked (16months) may preclude this.

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Missing any of the key components of the legislation could point towards a common law apprenticeship. It's one of the areas where the detail really does matter and you could form a case based on a technicality. That being the case, there could be a claim for wages for the remaining duration of the contract.

 

Worth seeking legal advice, I think!

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the old fashioned apprenticeship indentures meant that the apprentice couldnt leave and the employer couldnt dismiss. The employer gets paid by the government to have him (to a certain degree) so the reason for dismissal must be substantial and it doesnt appear to be so in this case. Take the matter up with his college as well, they have a financial interest as well as a legal and moral one. You cant make apprentices redundant so that not an excuse.

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To me it looks as if he was sacked becos you took action to enforce his rights under the Minimum Wage Act 1998.

 

I know he is an apprentice but he is also protected.

 

Talk to a Lawyer now and he could set things right before it get too complicated.

 

Most organizations will behave if they know a lawyer is involved

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  • 2 weeks later...

Update folks.

The company responded to our appeal and upheld the dismissal.

They admitted that dismissal with immediate effect was not actually correct and have moved his dismissal date back by 4 weeks to try and correct that error and paid him 4 weeks in lieu.

They admit in writing that he had received no 'formal' warnings but because of his short time in employment they sometimes use a more informal approach. Unbelievable. They seem to be saying because your 19 you do not get the same treatment as an older employee who's been here for years. Is that age discrimination.

For employees with relatively short periods of employment such as yours, we often have to take difficult decisions

without a more formal disciplinary procedure being applied.

He has a full breakdown of the disciplinary process in his contract that has been totally ignored.

On giving only 15 minutes notice of the initial hearing they say,

Having reviewed the events of 11th February 2016 prior to your dismissal, I would agree that it is far from ideal to be

only given 15 minutes notice of the disciplinary hearing and Mr. ...... would have liked to have afforded you more

notice but there was a particularly difficult set of time constraints at the time related to the difficult financial situation in

which the Company finds itself.

However, I do not believe that more notice would have made any difference to the outcome.

It continued,

Your comments about the length of the notes are taken on board but the notes are not a verbatim record of the meeting

but a summary of the events

The final points they make are,

Having considered your representations in the round, I want to point out that the decision to terminate your employment

was taken only after serious consideration by Mr. ...... and in circumstances where there was little margin to allow

further opportunities to improve. Had the circumstances been different then it perhaps would have been possible to

allow you more time but regrettably that was not the case.

It is disappointing from all perspectives that you were unable to continue your apprenticeship with us but you will be

aware that the Company is also in the process of making long-serving employees redundant and therefore I am not in a

position to overturn Mr. ....... decision in the circumstances.

I have spoken to ACAS today because we have to go through them before considering a tribunal. I have suggested i think they may be guilty of Breach of contract and maybe even age discrimination.

Any thoughts would be very much appreciated.

Edited by ask2006
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have it in mind what you want as a result from all of this. I would be looking at making sure that the apprenticeship could continue elsewhere (college side at least) and this employer pick up the tab for the extra costs involved for the other parties (ie pay for college course until end of contracted period and pay normal rate for time away from new employer) This should be calculated and accepted as a lump sum settlement rather than being dragged out for another 2 years.

As for the letter above-absolute disgrace. They are trying to say that it is OK to sack him unlawfully and unfairly becasue they are having financial problems

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