Using an Apprenticeship Agreement could save you time, money and a whole heap of stress. The nature of the traditional apprenticeship arrangements creates risks for Employers. In the case of Lloyd v Federal Mogul the apprentice was awarded £24,000. This was for unfair dismissal after he was dismissed before the end of his apprenticeship contract.
A traditional contracts of apprenticeship are protected. The employer cannot dismiss in probation and cannot generally dismiss for capability. Should any conduct issues arise the employer must go above and beyond to support the apprentice. They cannot generally dismiss on the grounds of redundancy. The apprenticeship has to be for a fixed period of time in order for the apprenticeship to be completed and cannot dismiss before that. Any dismissal exposes the employer to not only unfair dismissal claims but also potential breach of contract. At tribunal the individual would seek redress for early termination and compensation at tribunal for loss of trade/status.
Apprenticeship Agreement
However, in England & Wales, providing an Apprenticeship Agreement is issued, which includes all the prescribed elements as required, an employer is able to treat the apprentice as an employee and can generally consider and manage a dismissal through short service provisions, i.e. subject to probation period, and the fair reasons for dismissal apply.
There is no need to gamble on the success of your new recruit. As a Kent HR consultant I can help you navigate the apprenticeship process. Without outsourced HR support you may expose yourself to unnecessary risk, including tribunals and full training costs.
