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HR and legal

apprentices

A traditional contract of apprenticeship usually states that it will run for a specified length of time or until the apprentice reaches a certain standard. The contract then ends automatically when that period ends or the standard is reached.

The contract may include an express term allowing the company to terminate the contract early in certain circumstances, which could include redundancy. If there is no such term, the company is entitled to terminate the contract for redundancy only where the redundancy has arisen because the business has closed down completely or has fundamentally changed in nature. If an apprentice's contract is terminated prematurely in breach of contract, the apprentice is entitled to damages reflecting not only his or her lost wages for the balance of the apprenticeship but also the value of his or her lost training and the reduction in his or her future employment prospects. For a summary of employment status of modern apprentices, see employment status.

Statutory employment rights

It should be borne in mind that apprentices, whether modern or traditional, have the same statutory employment rights as employees. This means that they are entitled to claim unfair dismissal if the company fails to follow the statutory minimum dismissal procedure or acts unreasonably in terminating their contract for redundancy, provided they have one year's service. They may also be entitled to a redundancy payment, if they have been with the company for two years or more.

related links
BERR: individual employment rights

BERR: notice and reasons

 

The EEF Employment Guide is intended to provide general guidance only. It does not purport to be comprehensive or to give legal advice. Users should always seek specific legal advice before taking or refraining from any action. Information and documents on this website are prepared in accordance with the laws of England, Wales and Scotland. Users accessing from Northern Ireland should be aware that different laws and interpretations may be applicable to Northern Ireland.