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PRO INSTALLER DECEMBER 2014
PRO REGS
@proinstaller1
Hiring and firing the apprentice
is no laughing matter
For weeks ‘The Apprentice’ has been dividing
the nation as to the
merits of the various
apprentices, undoubtedly sparking fresh debate about the benefits
of using apprentices to
help a business succeed.
When utilised properly,
apprenticeships are good
for both the business and
the individual, however, solicitor Abisola Latunji, from
law firm SGH Martineau
cautions against the Lord
Sugar approach: “despite
the programme’s light-hearted approach to hiring and
firing, the law governing
apprenticeships is complicated.
“The terms ‘contract of
apprenticeship’ and ‘apprenticeship agreements’ sound
similar, but the employment
law implications differ
significantly. Contracts of
apprenticeship have the
primary objective of training
the individual, rather than
have them perform work for
the employer.
Apprenticeship agreements are entered into and
governed by the Apprenticeships, Skills, Children
and Learning Act 2009 and
are more like standard
employment contracts. They
must fulfil certain criteria,
including: the apprentice
undertaking to work for
the employer; a statement
of terms; a statement the
agreement is entered into in
connection with a qualifying
apprenticeship framework;
and a statement of the
skill, trade or occupation
for which the apprentice is
being trained.
“The apprenticeship will
usually involve knowledge
and competency elements,
with training delivered by
the third-party training
provider; ultimately the
apprentice will receive a
recognised qualification.
“Apprenticeship agreements can be terminated
lawfully, if the dismissal
is fair and in accordance
Is your website legal?
Abisola Latunji is an employment
solicitor in the Commercial Group at UK
top 100 law firm SGH Martineau LLP
with the contract. If it is a
fixed-term apprenticeship,
unless the contract provides
a right of early termination,
an employer may have to
pay the salary for the entire
term if the agreement is terminated early. This position
should be addressed in the
contract.
“Many employers are
unaware that an apprenticeship cannot necessarily be
terminated like other fixed
term contracts.
“Contracts of apprenticeship aim to provide training
and employers can only
terminate them in limited
circumstances, like severe
misconduct. An employer
terminating for other reasons can be liable for loss
of earnings and the cost of
training for the remaining
apprenticeship.
“When an apprentice fails
to meet the required standards of performance or behaviour, the business cannot
simply sack them, which is
why businesses must have
thorough recruiting processes, given that a probationary
period cannot necessarily be
utilised.
“Apprenticeship agreements can be more appealing, offering the option to
terminate the agreement
if things go wrong. If an
apprenticeship agreement’s
prescribed conditions are
not met or no contract exists, there is a risk it might
be deemed a ‘contract of
apprenticeship’, bringing
with it additional obliga-
tions – businesses should
seek professional advice
on drafting the contract to
avoid such issues.
“Apprentices share employment rights with other
employees, although the
National Minimum Wage is
lower for apprentices under
19 (or those 19 and over,
but in the first year of their
apprenticeship).
“Funding for apprentices
is age dependent, typically
paid to training providers,
with the employer usually
required to contribute towards training in addition to
the necessary wages.
“If a business has fewer
than 1,000 employees, has
not taken on an apprentice
in the past 12 months and
hires apprentices between
16 and 24 years of age,
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