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Trainee has employee rights

The need for early years settings that provide training to structure their work-related learning opportunities has been underlined by an employment tribunal ruling which decided that an 18-year old trainee had employee status and was unfairly dismissed by an East Sussex nursery. The Brighton tribunal ruled that Louise Riley, who was engaged as a trainee nursery nurse, had a contract of employment with the Meadows Nursery School in Hailsham and 'that there was no structured programme in place to assist the applicant in any kind of training'. But Ron Cossey, owner of the nursery and two others in East Sussex, argued that Ms Riley did not have employment status and was on a 'taster' course prior to undertaking a Modern Apprenticeship.

The Brighton tribunal ruled that Louise Riley, who was engaged as a trainee nursery nurse, had a contract of employment with the Meadows Nursery School in Hailsham and 'that there was no structured programme in place to assist the applicant in any kind of training'. But Ron Cossey, owner of the nursery and two others in East Sussex, argued that Ms Riley did not have employment status and was on a 'taster' course prior to undertaking a Modern Apprenticeship.

The tribunal heard that Ms Riley had worked Monday to Friday from 8.30am to 5.30pm with 30 minutes for lunch, and that she undertook tasks normally associated with a nursery assistant and others, including washing up and cleaning.

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