Some employers seem to treat apprenticeships a little casually – they may take one, then find that they can`t bear the costs involved and decide to fire them. Then they realize that they have fallen into something like a legal minefield. Schedule a reminder from Lifetime Training`s team of experts below to understand your next steps in setting up an education program. Lifetime provides expert information about the development and launch of your program and can provide resources such as training agreement templates. From May 2015, the Apprenticeship, Skills, Children and Learning Act 2009 was amended by the Deregulation Act 2015 to introduce the idea of an approved English apprenticeship contract. If a trainee is employed under an apprenticeship contract, he has the rights of ordinary workers and, in the event of dismissal, the usual rules of unjustified dismissal come into play. In 2011, the Learning, Skills, Children and Learning Act 2009 (ASCLA 2009) came into force. This introduced a new legal form of apprenticeship; an apprenticeship contract under which the trainee works for an employer in accordance with the conditions set out in the ASCLA 2009 and the Apprenticeship (Form of Apprenticeship Contract) Regulations 2012. An apprenticeship contract has the status of a service contract, which means that an apprentice hired under an apprenticeship contract is only entitled to the legal protection afforded to ordinary employees, but does not have extensive protection against dismissal. If the trainee is employed under an approved English apprenticeship contract or an apprenticeship contract, the normal principles of breach of contract and unjustified dismissal apply. As a result, employers can effectively manage underperforming interns like any other employee, but if an apprentice`s dismissal is subsequently found to be unfair, a court may consider a loss of income, etc.
due to the inenue of the apprenticeship (and as a result of the employer`s wrongful dismissal). Certain general provisions of the Labour Code apply to apprenticeship contracts: this applies to all apprenticeships for which a corresponding standard has been published. . . .