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Fixed Term Apprentice Contracts and Dismissal

By: J.A.J Aaronson - Updated: 17 Aug 2024 | comments*Discuss
 
Apprentice Apprenticeship Dismissal

The agreement between an apprentice and their employer is, by its nature, complicated. There is a lot of confusion about these contracts – for example, is it an employment contract? Is it a fixed term contract?

In fact, apprentices have a very specific legal status. They enjoy certain rights that are not extended to other workers or employees – including protection from certain forms of dismissal. It is important that you understand the nature of the contract, and how it affects your ability to dismiss apprentices.

What is a Fixed Term Contract?

A fixed term contract is a specific type of employment contract. It differs from a conventional employment contract in that it ends at a particular time. It might end, for example, on a specified date, or it might end when the employee has completed a defined task.

Fixed term contracts are common. Seasonal workers, or those carrying out maternity cover, might have fixed term contracts. Employees who are on fixed term contracts have a number of special rights, including the right not to be treated less favourably than those on conventional contracts doing the same or a similar job.

How Does this Relate to Apprentices?

It is often thought that apprentices are employees with fixed term contracts. In fact, this is not the case. The Fixed-Term Employee (Prevention of Less Favourable Treatment) Regulations exclude apprentices from their provisions.

It is easy to see how the confusion arises. In practical terms, the apprentice has a set date on which their contract will end, or a set event that will trigger the end of their contract. But the fact that apprentices’ contracts are not legally considered to be fixed term has major implications for the way in which employers can dismiss these individuals.

So I can’t Sack an Apprentice?

This depends on the circumstances. First, it is important to understand the implications for dismissal at the end of the contract.

Generally speaking, you have no legal obligation to provide the apprentice with a job once their contract has ended. The exception to this is when a job is promised within the apprentice agreement. If their contract is not renewed at the end of the apprenticeship, the apprentice will be considered to have been dismissed. Apprenticeships are considered to have a specific purpose, and that purpose is the training of the apprentice. So, when that training is complete, the contract will end – and the apprentice will not be considered to have been made redundant. Instead, they will be legally considered to have been dismissed for ‘some other substantial reason’.

The nature of an apprentice’s contract also makes it very difficult for an employer to sack them during the course of their apprenticeship. The onus is, of course, on the employer to show that they are dismissing the apprentice fairly and reasonably. You cannot simply give an apprentice notice that they are going to be dismissed if, for example, you cannot afford to keep them on.

How Can I Protect Myself?

This does not mean, however, that it is impossible to sack an apprentice. Consider a situation, for example, in which you catch an apprentice stealing from the till. In this case you would (quite reasonably) probably want to know how you can sack them.

In order to protect yourself, you should consider having disciplinary procedures written into the apprentice agreement. You should set out exactly what you think constitutes fair and reasonable grounds for dismissal. You should read the article elsewhere on this site for more information on what this means. If the apprentice breaks the terms of the agreement, claims that they might have against you, for example for lost wages, will then be mitigated or eliminated.

It is also absolutely vital that you understand the costs of taking on an apprentice before you begin. It is common for businesses to take on an apprentice, realise they can’t afford it, and then try to dismiss them – only to find themselves the subject of an employment tribunal. Again, you may wish to read the breakdown of apprenticeship costs elsewhere on this site.

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I am nearing the end of my apprenticeship as a Healthcare Support Worker in the NHS. I have always had very good reports from my managers, colleagues and patients. At a recent review meeting with my manager to look at my progress etc I was told that a video had appeared on TikTok of me in my uniform in the hospital. This is against hospital policies and I was very surprised as I was not aware that any video had been taken of me and I hadn't posted anything like that on TikTok. However they wouldn't believe me because they said it was on my account. I checked my account but could find nothing on there and they did not show it to me. They then told me to complete a 'Reflective Account' of the incident saying that it doesn't need to be long 'just a couple of paragraphs'. I took this to mean that it was just a formality so wrote down what I had explained to them at the meeting. I then received an email saying that my account lacked effort and that they would not be extending my contract. I was totally shocked and devastated by this as I love my job and get on well with all my colleagues and patients. I believe that the way I have been treated is unfair and didn't follow statuary requirements or ACAS Cde of Practice for carrying out a disciplinary procedure because I was not told in advance (in writing) that it was going to happen in fact I was not told about the meeting at all, I was not informed that I had the right to take someone with me or given any opportunity to do so, I was not shown any evidence and there isn't any that I have found, I was not given any opportunity to challenge any witness statements because there are none, I was not informed of the potential consequences either verbally or in writing, the same people conducted the informal review as made the decision. I have requested a meeting with the apprentice manager but have been told they cannot change the decision anyway and have not informed me about how to appeal their decision or who t go to. I am continuing to pursue justice but would like to know if you have any advice.
Dest - 17-Aug-24 @ 10:04 AM
My Grandaughter, (not via a blood relationship), has served a 5 year apprenticeship as a dog carer.She completed the apprenticeship term and continued as an employee with a pay increase. She was recently called into the owner's office and informed that her employment was being terminated, and that 2 others were being employed to take her place. There was no discussion of the reasons for dismissal, other than that relationships with a manager were not good.
Chris - 18-Dec-23 @ 8:05 PM
My son age 16 started an apprenticeship July 2023 his contract specifies 6 month’s probation period. 3 months later he was pulled in the office and handed a letter of termination due to poor performance. He has previously never had a formal meeting to discuss poor performance or an opportunity to improve so it came as a shock to him.HR are actively looking to find him an interview within a different department but for the same company which I find a-bit odd why didn’t they transfer him?Legally is it right to dismiss an apprentice without warning.
Bec - 2-Nov-23 @ 8:48 PM
My son was just about to start the second year of his Level 3 Domestic Plumbing and Heating Apprenticeship but went in this morning as normal and was told the company can no longer afford to pay him.This month his money would have gone from £5 something to I think £10.60 per hour.He drove everyday and considering fuel cost ended up with less than £4 per hour.He is 24!Since last September he has not been paid a monthly wage, he got paid in December 2022 for September to November and likewise in April and July.He is still owed for July and August.He is absolutely devastated and at a loss with what to do!Surely this company is in breach of contract.Any advice much appreciated.
Rich - 11-Sep-23 @ 7:19 PM
My Grandson is in his last yr as a plumbing and heating apprentice, level 3, he has been threatened with instant dismissal because he was smoking in a works vehicle, this vehicle being his own personal van which he uses for work, he also had a slight bump in his own van that he uses for work, the company who he works for are saying that both the incidents are gross misconduct, they have arranged a discaplinary meeting with him, could they sack him for this
Lg - 12-Aug-23 @ 5:54 PM
My Grandson is 5 weeks into an 3yrs apprenticeship,he has been late a couple of times & has been spoken about this. In Sept he should have been starting the college side of the apprenticeship but has be told today that the company do not think he has the desire & commitment , so they have let him go. He is totally devastated as this was a great opportunity for him. Can they do this without any written warnings
Doris - 24-Aug-21 @ 11:30 AM
My son was told there’s no work for him after he self isolated in April due to the COVID 19 outburst . After months off work his employee eventually got in touch by a text message to say no work . He wasfirst year apprentice in electrician who worked for company and went collage one day week . He has no pay since isolating and now unemployed is he entitled to any holiday pay from the company which he hasn’t taken or bank holidays .
Mrs - 29-Jul-20 @ 10:16 AM
I am doing a 3 year apprenticeship as a vehicle technician. It is with Toyota via pro vq training. They have told all my year group that we will not be able to sit our final exams until a further 15 months on from the 3 years. So basically our 3 year apprenticeship turns into well over 4 years. It is not because of lack of traing but their own failure to be able to sit us for final exams. Can they do this as its completely unfair to keep us as apprentices when we could be qualified earning almost 3 times the amount. Many thank for any help or suggestions
Tech - 21-Jul-20 @ 9:56 PM
My son has 3 months to go before he fi ished his 3 year welding apprenticeship However he has been made redundant he was on furlough asked company why said they had to look at bigger picture. He has wasted over 2yrs 9 monthswant him to finish college work but cant has cant do practical. Firm no help at all and hes devastated. Not get any redundancy just his wage plus holiday pay. Can they do this what can he do thank you
Ange - 26-Jun-20 @ 11:59 PM
Are you obligated to retain and apprentice on completion of the apprenticeship training program?
David - 26-Mar-20 @ 5:03 AM
My niece has just finished her 3 months probation period of her apprenticeship and was called into the office and told they no longer needed her has she has had to much time off through illness can they do this
Maz - 26-May-19 @ 12:17 PM
My daughter has compleated a 1 year apprentiship .her employer now wants to out her on a 6 month probationary period can he do this
Suee - 9-Apr-19 @ 12:12 PM
My son was doing his A levels in business and Maths at college, he decided to leave to do a apprenticeship .He started a insolvency apprentiship,after six months into it ,he was told the company had lost the client my son was working with, they offered him a junior clerical support assistance apprenticeship, he then started his Level 2 ,it was brought to my son's attention when doing training with a provide, his company was notgiving him the opportunity to extend his skills in the office,basically hes filling in a room on his own, he had brought this up to his provider they have called his new boss in , each time he's told they will give him more to do to extend his skills, once the training provide left, my son is told to do the filling, my son feels all his hard work in school and 8 good passesit's been thrown away and pointless all his hard work he feels used in the work force for cheap labour ,my son needs to learn the job to gain his Level 2. Please can any one give someadvise.
Protect the future - 2-Apr-19 @ 10:31 PM
My 17 year old wants to stop his apprenticeship and go full time work with his employer . His employer was already his employer before he took him in as a apprenticeship. He does not want to Attend college no more ? An he stop I don’t know Where we all stand
Mummy3 - 18-Mar-19 @ 4:37 PM
Hi If a young person has started an apprenticeship but then goes on long term ill (admitted to hospital) does the company providing the apprenticeship keep the apprenticeship open for when they have recovered or is it time limited? She is 17 years old and started in September. Thanks
Samantha - 7-Nov-18 @ 3:07 PM
My son is in his first year apprenticeship of joinery. His boss makes it very clear he doesn’t like him. He asked him to work late and to work the weekend at the last minute today but he had made plans to go away. His manager is not happy and threatening to sack him. Can he do this
Betty - 24-Aug-18 @ 3:59 PM
Pablo - Your Question:
HiMy daughter is on a 12 month apprenticeship. She is 8 months in and still in her probationary period as it was extended at 6 months for a further 3 months.She has passed her first exam with a score of 80 something percent.Unfortunately she is not progressing in the workplace at the speed her employer is happy with.Her manager has discussed this a couple of times with her and has now called her in for a disciplinary meeting.She has a mentor that has only spent an hour training her over the first week in the position. She us a dental nurse and shadowed another nurse for two weeks before going solo.Other than that she has had very little training and has been expected to just pick things up herself.It doesn't sound as though the employer has committed itself to training her properly but she is now likely to be disciplined/laid off as she is not considered fully competent in a couple if areas. This does sound very unfair but I wonder if she has any rights or protection in these circumstances.Many thanks.

Our Response:
I am sorry to hear this. If your daughter feels she has been unfairly treated, then she can raise this with her employer directly, please see the link here . However, her employer does also have rights while in the probationary period if her employer thinks your daughter is not suited to the job, please see link here . The link here may also help further. You may also wish to speak with her apprenticeship provider directly.
AnApprenticeship - 30-Jul-18 @ 10:41 AM
Hi My daughter is on a 12 month apprenticeship. She is 8 months in and still in her probationary period as it was extended at 6 months for a further 3 months. She has passed her first exam with a score of 80 something percent. Unfortunately she is not progressing in the workplace at the speed her employer is happy with. Her manager has discussed this a couple of times with her and has now called her in for a disciplinary meeting . She has a mentor that has only spent an hour training her over the first week in the position. She us a dental nurse and shadowed another nurse for two weeks before going solo . Other than that she has had very little training and has been expected to just pick things up herself. It doesn't sound as though the employer has committed itself to training her properly but she is now likely to be disciplined/laid off as she is not considered fully competent in a couple if areas. This does sound very unfair but I wonder if she has any rights or protection in these circumstances. Many thanks.
Pablo - 28-Jul-18 @ 5:04 PM
My boyfriend 21 was doing physio during his apprenticeship therefore missed a few days and was dissmissed due to this, he has now been issued a court charge of £400 from the company he was doing the apprenticeship with and we have no idea why
Whiterzz - 25-Jul-18 @ 5:08 PM
My daughter which is 19 had started a 6 week probabtion and at the of the 6 weeks she was told she would not get the apprenticeship . She has worked 45 hour a week . Not had a day off and not been late .And was only paid £20 per week with no holiday . Does this sound right ?? And right to treat young people like this ??
Big al - 18-Jul-18 @ 10:55 PM
Ali - Your Question:
My son started his Level 3 apprenticeship in Hairdressing last September 2017. Since then he has turned 19 and his employer has had to pay him at the rate of pay for his age. Last week, he has given him notice. I have contacted him and he has said that although happy with his work, he cannot afford to keep him on, but will be taking a Level 2 school leaver apprentice on in September because it is cheaper. My son has only completed 9 months of his course and now doesn't know what he can do. This seems totally wrong to me - surely there has to be a commitment from the employer to keep the apprentice on until the end of their course.

Our Response:
I am sorry to hear this. Apprentices must work towards an approved apprenticeship standard or framework. Their training must last at least 12 months.The link here may help further. The appenticeship helpline may also help point you int he right direction, please see link here. Also it is worth checking your son's apprenticeship agremeement to see what both he and his employer have agreed to, please see link here .
AnApprenticeship - 3-Jul-18 @ 11:28 AM
My son started his Level 3 apprenticeship in Hairdressing last September 2017.Since then he has turned 19 and his employer has had to pay him at the rate of pay for his age.Last week, he has given him notice.I have contacted him and he has said that although happy with his work, he cannot afford to keep him on, but will be taking a Level 2 school leaver apprentice on in September because it is cheaper.My son has only completed 9 months of his course and now doesn't know what he can do. This seems totally wrong to me - surely there has to be a commitment from the employer to keep the apprentice on until the end of their course.
Ali - 2-Jul-18 @ 6:35 PM
Hi, it is nearing the end of my apprenticeship and still dont know whether i am going to be kept on. I started June last year. A few weeks ago, I was brought into the office and my line manager along with my mentor was there and they threatened me saying that they weren't sure if I was still going to be working with them by the end of the day. The previous day, I was caught looking on a footbal website and that was the reason i was called in. I work on the front desk. I have also been caught using my mobile phone a few times but I have never done anything deemed as gross misconduct. I work with patients and I have never broken confidentiality. Apparently I am not doing my job right as I couldnt get some of my work done a few weeks ago as I was too busy on the front desk but they said I should have rung someone in the office? How can I ring if I am too busy? They are now closely monitoring me but I am on edge thinking I will be dismissed. Just to point out as well, when they threatened to dismiss me, I had no form of support apart from my mentor who actually agreed with my manager. Any advise please.
JP - 5-Jun-18 @ 7:09 PM
Hi, it is nearing the end of my apprenticeship and still dont know whether i am going to be kept on. I started June last year. A few weeks ago, I was brought into the office and my line manager along with my mentor was there and they threatened me saying that they weren't sure if I was still going to be working with them by the end of the day. The previous day, I was caught looking on a footbal website and that was the reason i was called in. I work on the front desk. I have also been caught using my mobile phone a few times but I have never done anything deemed as gross misconduct. I work with patients and I have never broken confidentiality. Apparently I am not doing my job right as I couldnt get some of my work done a few weeks ago as I was too busy on the front desk but they said I should have rung someone in the office? How can I ring if I am too busy? They are now closely monitoring me but I am on edge thinking I will be dismissed. Just to point out as well, when they threatened to dismiss me, I had no form of support apart from my mentor who actually agreed with my manager. Any advise please.
JP - 5-Jun-18 @ 6:50 PM
Hi, it is nearing the end of my apprenticeship and still dont know whether i am going to be kept on. I started June last year. A few weeks ago, I was brought into the office and my line manager along with my mentor was there and they threatened me saying that they weren't sure if I was still going to be working with them by the end of the day. The previous day, I was caught looking on a footbal website and that was the reason i was called in. I work on the front desk. I have also been caught using my mobile phone a few times but I have never done anything deemed as gross misconduct. I work with patients and I have never broken confidentiality. Apparently I am not doing my job right as I couldnt get some of my work done a few weeks ago as I was too busy on the front desk but they said I should have rung someone in the office? How can I ring if I am too busy? They are now closely monitoring me but I am on edge thinking I will be dismissed. Just to point out as well, when they threatened to dismiss me, I had no form of support apart from my mentor who actually agreed with my manager. Any advise please.
JP - 5-Jun-18 @ 6:19 PM
Gladdy - Your Question:
I started a two year apprenticship in June 2016. I was told a fortnight ago there would be no job for me at the end of my two years. I've been told to hand my notice in at the end of this month. Surely it's them that should dismiss me as when I took the job I thought I would be kept on at the end of my two years. Also when I leave should I be entitled to holiday pay. Our holiday period starts January to December I'm in a private nursery.

Our Response:
You should be entitled to holiday pay if it is owed to you, please see link here . Regarding handing in your notice, you can word it in such a way that you are doing it on instruction after being told by your employer there would be no job for you at the end of the apprenticeship.
AnApprenticeship - 18-May-18 @ 3:29 PM
I started a two year apprenticship in June2016. I was told a fortnight ago there would be no job for me at the end of my two years. I've been told to hand my notice in at the end of this month. Surely it's them that should dismiss me as when I took the job I thought I would be kept on at the end of my two years. Also when I leave should I be entitled to holiday pay . Our holiday period starts January to December I'm in a private nursery.
Gladdy - 18-May-18 @ 3:02 PM
Hi, I started an apprenticeship on Monday, however I didn't sign anything, my induction was arranged but after the first week my boss said that he didn't want me as I was too open about myself and he thought I'd breach confidential information, however he still kept me working through out the week can he just let me go like that as I haven't given him any just cause to show I am talking a cv out other patients. He also said I was talking about other members off staff which I never did as I don't know them long enough to do that, other members of staff did, I just sat there quietly as the two members talked.
Jp1994 - 17-May-18 @ 3:25 PM
We currently have a Lev 2 apprentice on an 18 month fixed term agreement, we would like to allow them to continue on to Lev 3 under a new 18 month fixed term agreement, at the end of the second agreement they will have 3 years continuous service do we issue notice to terminate in line with the fixed term agreement or will the apprentice be entitled to redudnancy pay.We do not have sufficient support to allow an apprentice to continue to Lev 4 or a job opening?
ANON - 26-Apr-18 @ 1:36 PM
I finish my 12 month apprenticeship in July but leave on maternity leave in June. I have finished all my training and have agreed 9 month maternity leave with the company. The pay I receive is 80% of what my wage would be if I was still working there. So after July when the apprenticeship was due to end will I still be receiving 80% of my wage as if I was still on apprentice wage or will my maternity pay go up to 80% of minimum wage?
Anon - 13-Apr-18 @ 12:23 PM
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