Important Question for Employees – your trainees/apprentices?


The legal commitments under a contract of apprenticeship exceed those under a traditional contract of employment.

Author: Dennis Chapman
Reading time: 2 minutes

This article is 11 years old.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

Training Provider organisations such as Remit Training may well approach you or you approach them to assist in helping technicians get a qualification and on the job training.

What may not be appreciated by employers is that the legal commitments under a contract of apprenticeship exceed those under a traditional contract of employment. Indeed as an employee an apprentice has all the legal rights under the Employment Rights Act and more as an apprentice.

It is often the case under modern Apprenticeship schemes that there is a three-way individual learning plan between apprentice, employer and a training provider such as Remit Training. Such an agreement will provide the employer and apprentice with a long term commitment until the end of the training period contemplated which may be several years. The normal rules of dismissal eg one year of service, minor disciplinary matters etc do not apply and the Tripartite Agreement takes precedence.

In early case law it was established the key elements of an apprenticeship are:

a) wages whilst an apprentice

b) training to acquire skills

c) status as a qualified potential employee after completion of the training

If the contract of an apprenticeship is terminated the employee can bring a claim for wrongful dismissal under all of the above elements and actual and future loss.

In the case of Lloyd v Federal Mogul Sintered Products Ltd the ‘modern’ apprentice was dismissed before the end of the contract due to poor attendance. The Employment Tribunal noted that without being unfairly dismissed the apprentice would have gone on to be a skilled engineer. The apprentice was awarded £20,000.

Dennis Chapman

In remembrance of Dennis Chapman 1951 -2015

Read more by this author

Getting in touch

You can contact us via the form or you can call us on 01480 455500.