We employ trainees on temporary contracts. One has been found to have bullied another nursery worker. This is unacceptable and we want to deal with it, but are not sure what disciplinary action can be taken against non-permanent staff.
A nursery may treat its junior employees as it would any other employee, and take such disciplinary action as it deems appropriate. The fact that the trainee is a non-permanent member of staff will not impact the process, although if they have less than two years’ service, the trainee will generally not have acquired protection against unfair dismissal.
However, where providing training to make individuals ‘work ready’ is the main purpose of the arrangement, it is possible that they may be deemed to be ‘common law apprentices’. This is so even if they are not formally called apprentices by the company. The arrangement and the terms of the contract of employment will be key considerations in this respect.
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