When learning doesn’t work
Unfortunately, some learnings just don’t work. The apprentice may decide to leave the job for personal reasons such as family, health or financial problems, or because of dissatisfaction with the workload, the quality of the job. teaching or his post. Alternatively, the employer may be unhappy with the apprentice’s performance, or be forced to consider layoffs within the company due to financial issues. There are a few legal issues you will need to consider when considering terminating an apprenticeship prematurely, from both the apprentice and employer perspective. Read on to learn everything you need to know about terminating an apprenticeship early.
What is an apprenticeship?
Before discussing how the early termination of apprenticeship works, we must first understand the definition of apprenticeship. An apprenticeship combines on-the-job training with classroom learning. This means that an apprentice is employed by a company while continuing his education. This can range from the GCSE equivalent up to a university level course. Apprenticeships are available in almost any field, including business, IT marketing, engineering, transportation, and construction. They can last between one and six years, depending on the level of learning and the field of work. An apprentice is treated like an employee. This means that they have the same rights as an employee. However, an employer also has increased responsibilities to an apprentice, including being responsible for facilitating their training.
Types of learning
It is important to know that there are two different types of learning. These are learning contracts and learning agreements. This is an important difference, as the two are treated differently when it comes to early termination.
A learning contact is taken for a fixed period, which is defined in the contract. The contract can be created verbally and does not need to use the term “apprentice” or “apprenticeship”. Training must be the main objective of the system to qualify as an apprenticeship contract. These apprenticeships cannot be terminated early, except in the event of serious misconduct.
Learning agreements follow the government’s “learning framework”, incorporating an element of training that is typically delivered by an external training provider. Employers can receive government funding to cover part of the cost of training for an apprenticeship agreement. Unlike the apprenticeship contract, an apprentice under an apprenticeship agreement can be made redundant in the same way as any other employee.
What are my rights as an apprentice
Apprentices are generally considered to be employees. This means that they are entitled to the same benefits and conditions as other employees in the workplace. This includes:
- At least 20 days of paid vacation per year (pro rata for part-time apprenticeships)
- Right to sickness benefit
- Compensation and statutory maternity / paternity leave
- Rest breaks
- The national living wage for apprentices, or the national minimum wage
- A work contract
- Protection of health and safety
Apprentices are entitled to additional rights. This includes being paid for the time spent training or studying for their learning. This must represent at least 20% of the apprentice’s working hours.
Can an employer end an apprenticeship prematurely?
The reasons why an employer may end an apprenticeship prematurely will depend on the type of apprenticeship in place. Most apprentices in England and Wales are on an apprenticeship contract. This agreement may contain a clause specifying the circumstances in which apprenticeship may be terminated early. This can include poor performance and redundancy. Ultimately, apprentices employed under an apprenticeship contract are subject to the same conditions as any other employee. This means that they can be fired in the same way as any other employee within the company. If the apprentice is employed under an apprenticeship contract, it is more difficult for an employee to terminate the apprenticeship prematurely. Indeed, the apprenticeship will have a fixed duration which cannot be modified, except in extreme circumstances. In order for an apprentice employed under an apprenticeship contract to be dismissed early, the employer will have to prove that the apprentice cannot be trained. This should be a case of serious misconduct, for example, if the apprentice deliberately disobeyed direct instructions on several occasions or by regularly neglecting his duties. This means that it can be difficult for an employer to terminate an apprenticeship prematurely for people on an apprenticeship contract.
Can an employee end his apprenticeship prematurely?
An apprentice is free to leave an apprenticeship at any time, if necessary. This may be due to personal circumstances or the fact that the apprenticeship does not meet the expectations of the apprentice. Essentially, an apprentice is subject to the same conditions as any other employer when it comes to leaving their post. If they wish to quit the apprenticeship, they will have to give notice. The required notice period must be fixed in the employment contract. If the apprentice is employed under an apprenticeship contract, the contract may provide that the apprentice is required to reimburse part of the training costs. However, if the apprentice is employed under an apprenticeship agreement, he will not have to reimburse money for the training. This is due to the government funding that companies receive for apprenticeship agreements. It is important to note that apprentices will not receive any qualification when they leave an apprenticeship prematurely, even if they have potentially completed their work towards the qualification.
Can one be made redundant from an apprenticeship?
Whether or not you can be dismissed from an apprenticeship will depend on the type of apprenticeship you undertake and the circumstances. If you are under an apprenticeship contract, you can only be dismissed in the most serious cases. However, if you are employed under an apprenticeship contract, you are treated the same as any other employee. This means you can be fired for malpractice and performance issues.
Can you fire an apprentice?
If your business is changing, or if you are having financial difficulties, you could face layoffs. If you have an apprentice, you might be wondering if you are able to fire your apprentice. Whether you can fire an apprentice will depend on the type of apprenticeship they take. An apprenticeship contract can only be terminated for dismissal if the company closes or undergoes significant changes that no longer allow training to be provided to the apprentice. Apprentices who have been hired under an apprenticeship agreement are treated the same as any other employee, which means that they can be made redundant. If an apprentice is made redundant, the government will continue to fund their apprenticeship training for at least 12 weeks to give the apprentice time to find another job in order to continue their apprenticeship.
What happens after an apprenticeship?
What happens after an apprenticeship ends will depend on the type of contract the apprentice had. Some apprenticeships are offered as a fixed-term contract, which means that the apprentice’s employment will end at the end of the period. However, the majority of apprentices with an apprenticeship contract will have an open-ended employment contract. This means that they have the same rights as any other worker in the company. When an apprentice completes his apprenticeship, he continues to work in the same organization, unless he gives his notice or is made redundant. In many circumstances, an apprentice will have the opportunity to progress to higher level learning within the same organization, enhancing their skills.
How many hours does an apprentice have to work?
A typical apprenticeship involves the apprentice working between 30 and 40 hours per week. At least 20% of these working hours should be spent on training or studying. Part-time apprenticeships may also be available, or may be negotiated with the employer for apprentices with family responsibilities.
How much are apprentices paid
The minimum wage for an apprentice will depend on their age and the length of their employment as an apprentice. For apprentices aged 16-18, or aged 19 or over and in their first year, the minimum wage is £ 4.30 per hour. For apprentices who have completed their first year and are over 19, they are entitled to the national minimum wage. However, some employers may choose to pay their apprentices at a higher rate.
Who pays the wages of an apprentice?
Apprentices receive their salary from their employer. The employer will also have to pay the apprentice for the time spent studying, which should represent at least 20% of his contractual hours. However, companies may have the right to claim government funding for apprentice training costs.
Premature end of an apprenticeship
Whether or not an apprenticeship can be terminated early will depend on the circumstances in which the termination took place and the type of apprenticeship in place. Whatever the circumstances, an apprentice is free to leave his apprenticeship at any time. To do this, they will have to refer to the notice period indicated in their employment contact. It may be more difficult for an employer to terminate an apprenticeship prematurely, and it may be a good idea to seek specialist advice if you plan to do so. If you are not sure whether you can terminate an apprenticeship early, whether as an employer or an employee, it is always best to seek the advice of a lawyer specializing in employment law. They can make sure you aren’t breaking any laws or your contract by terminating the apprenticeship prematurely, helping you avoid future legal action.
Share this story