From the blog

Apprenticeship Agreement Or Contract

These have only been with us since the Learning, Skills, Children and Learning Act 2009. Section 32 of the Act defines what an apprenticeship contract is and Section 37 defines the obligation to participate. This means that an apprentice who works under an apprenticeship contract has the same labour law rights as other workers. If the main objective of the agreement is for the employer to train the apprentice, it means that it is automatically an apprenticeship contract. Some employers seem to treat learning rather casually – they can take one, then realize they can`t bear the costs, and they decide to lay them off. Then they discover that they have stumbled into some sort of legal minefield. Regardless of the specificity of some apprentices in the implementation of redundancy programs, dismiss an apprentice before the end of the apprenticeship, inappropriate or no employment contract that limits the flexibility of the employer. This is a very high risk and often a grey area of labour law, but it should not necessarily prevent employers from recruiting apprentices, as this route has many benefits for both the employer and the apprentices. Starting in May 2015, the 2015 Deregulation Act amended the Apprenticeships, Skills, Children and Learning Act 2009 to introduce the idea of an “approved English apprenticeship contract.” The end of an apprenticeship – to summarize an apprenticeship contract as a rule is temporary and employers have only a limited right of termination before the expiry of the term. However, apprentices employed on apprenticeship contracts may be laid off in the same way as regular workers. The contract can therefore be an indeterminate contract that can be terminated without notice or on a temporary basis, with or without a termination provision.

If the apprentice is employed under an apprenticeship contract or a recognized English apprenticeship contract, the usual principles of breach of contract and unjustified termination rights apply. As a result, employers can effectively manage underperforming apprentices, like any other employee, with underperforming apprentices, but if the dismissal of an apprentice is then considered unfair, a court may take into account lost income, etc., because the apprenticeship has not been completed (and due to the unfair dismissal of the employer). Because apprentices who work under an apprenticeship contract work under an employment contract with their employer, they are entitled to a salary under national minimum wage schemes. When an apprentice is employed on an apprenticeship contract, he has the rights of ordinary workers and, in the event of dismissal, standard redundancy rules are at stake. This may be either a written statement of employment data or a written document in the form of an employment contract or letter of commitment. For all new apprentices starting their training, an apprenticeship contract is required at the beginning of the apprenticeship. This is a legal requirement and constitutes an employment contract between the apprentice and the employer. Apprentices under the age of 18 must have a parent or legal guardian signed on their behalf. Traditionally, apprenticeship contracts were a heavier burden on the employer than a regular employment contract, as the primary purpose of apprenticeship was considered to be an offer of training for the individual, as the exercise of work was a secondary consideration for the employer. These contracts were governed by the common law and were generally temporary.