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. An apprentice who works under a training contract is entitled to all legal health and safety provisions and better protection against dismissal. For example, an employer who cancels an apprentice may be held responsible for heavy penalties that may include the cost of training for the balance of education, the loss of income for the initial apprenticeship period (which could be up to 5 years) and the loss of future income due to future damage to the apprentice caused by the non-graduation of the training program. It is important to note that the apprenticeship contract should define what happens at the end of the apprenticeship (i.e., whether the job is terminated or if a lawsuit is to be expected) and what could happen if the apprentice fails either academically or in terms of work. Informed employers will clearly determine that the apprenticeship will end without further notice if; Like an apprenticeship contract, approved English apprenticeship contracts have the status of a service contract, which means that an apprentice employed under an apprenticeship contract is only entitled to legal protection of the work. This provider must be registered in the Apprenticeship Training Providers Register (RoATP). The RoATP lists approved organizations for apprenticeships to the employer. You can also use the “Find a Learning Position” service on GOV.UK As of May 26, 2015, apprenticeship contracts apply only to; A high degree of caution should be exercised when dismissing an apprentice. When a court decides that dismissal is unfair, it may require the employer to pay the wages and training costs that should have been due for the rest of the apprenticeship and to grant other substantial gifts to reflect the harm to the apprentice`s future career, i.e. the apprentice`s inability to qualify and thus benefit from a future improvement in the income that the qualification would have resulted.
This could be particularly costly if the individual qualified as an expert. B, for example electrician or plumber. 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 worker with underperforming apprentices, but if the dismissal of an apprentice is then considered unfair, a court can take into account lost income, etc.