Fixed Term Apprentice Contracts and Dismissal

Originally written by Josh Hall, updated by the editorial team on 23rd May 2026

Understanding Apprenticeship Agreements

The legal relationship between an apprentice and their employer is not straightforward. Apprenticeships have their own distinct legal status that sets them apart from other types of work arrangement.

Apprentices have certain protections that go beyond those offered to regular employees. This includes specific safeguards against dismissal that employers need to understand before taking any action to end an apprenticeship early.

Compensation in cases involving the wrongful dismissal of apprentices can sometimes be higher than in ordinary employment disputes. This is because tribunals may factor in the loss of training and future earning potential. However, outcomes vary considerably depending on the specific circumstances of each case.

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Fixed Term Contracts Explained

A fixed term contract is one that ends at a set point rather than continuing indefinitely. This end point might be a specific date, or it could be when a particular task or project finishes.

These contracts are common across many sectors. You will often see them used for:

Seasonal work in retail or hospitality
Maternity or paternity cover
Specific projects with a defined completion date
Temporary increases in workload

Workers on fixed term contracts have the right not to be treated less favourably than permanent staff doing similar work. This covers pay, benefits, training opportunities and working conditions. These protections come from the Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002.

When a fixed term contract ends naturally at its specified end point, this counts as a dismissal in legal terms. The employer may still need to follow fair procedures and, in some cases, provide a valid reason for not renewing the contract.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

How Apprenticeship Contracts Differ

Apprenticeship agreements share some features with fixed term contracts. They typically run for a set period, usually between one and four years depending on the qualification level. However, they are not treated identically under employment law.

There are two main types of apprenticeship arrangement. The first is a contract of apprenticeship, which is a traditional common law arrangement that gives apprentices strong protections. The second is an apprenticeship agreement, introduced by the Apprenticeships, Skills, Children and Learning Act 2009, now the standard form used in England.

Under a traditional contract of apprenticeship, employers can generally only dismiss an apprentice for serious misconduct or if the business closes entirely. Dismissing an apprentice for redundancy or poor performance may not be lawful, even if these would be valid reasons for dismissing a regular employee.

Under the 2009 Act, an apprenticeship agreement is treated as a contract of service. This means dismissal rights are more closely aligned with those of regular employees, though the training purpose of the arrangement remains a relevant consideration in any dispute.

The type of agreement in place will affect what options are available if problems arise during the apprenticeship. Employers should check the specific terms of their agreement and seek advice if they are unsure.

Dismissing an Apprentice: What You Need to Know

Ending an apprenticeship early is more restricted than ending standard employment. The core purpose of the arrangement is training, and the law reflects this by making it harder to cut that training short.

Valid grounds for dismissal may include gross misconduct, such as theft or violence. Persistent minor misconduct or capability issues might also justify dismissal, but only after the employer has made genuine efforts to address the problems through support and warnings.

Redundancy presents particular difficulties. With a traditional contract of apprenticeship, making an apprentice redundant before their training ends can result in a claim for breach of contract. This is especially likely where the contract is structured around completing the training programme rather than a calendar date. The apprentice may be entitled to compensation covering the wages they would have earned for the remainder of their apprenticeship.

Before taking any action, employers should document all concerns and attempts to resolve them. Following your organisation's disciplinary procedures is essential. Where the issue relates to performance, give the apprentice a genuine opportunity to improve with appropriate support.

Apprentices who believe they have been unfairly dismissed can bring a claim to an employment tribunal. The standard two year qualifying period for unfair dismissal claims generally applies, though claims for breach of the apprenticeship contract itself may be available regardless of length of service.

ACAS provides free guidance on handling disciplinary matters and dismissals. Their helpline can offer practical advice on specific situations. For detailed information on apprenticeship rights and employer responsibilities, check the guidance available on GOV.UK.

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Ask An Apprenticeship a Question

AnApprenticeship Editor 17/05/2026 at 1:32 pm

@Chris That sounds like a possible unfair dismissal. Once she finished the apprenticeship and carried on as a regular employee, her service likely counts from day one of the apprenticeship, so she's well past the two year threshold for unfair dismissal rights. She should request written reasons for dismissal (she's entitled to these) and consider raising a grievance or contacting ACAS within three months less one day of the termination date. Don't let it slide, the clock is ticking.

Chris 18/12/2023 at 8:05 pm

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.

Rich 11/09/2023 at 7:19 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.

Lg 12/08/2023 at 5:54 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

Doris 24/08/2021 at 11:30 am

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

Mrs 29/07/2020 at 10:16 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 was first 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 .

Tech 21/07/2020 at 9:56 pm

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

Ange 26/06/2020 at 11:59 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 months want 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

David 26/03/2020 at 5:03 am

Are you obligated to retain and apprentice on completion of the apprenticeship training program?

Maz 26/05/2019 at 12:17 pm

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

Suee 09/04/2019 at 12:12 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

Protect the future 02/04/2019 at 10:31 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 not giving 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 passes it'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 some advise.

Mummy3 18/03/2019 at 4:37 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

Samantha 07/11/2018 at 3:07 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

Betty 24/08/2018 at 3:59 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

AnApprenticeship Editor 30/07/2018 at 10:41 am

I am sorry to hear this. If your daughter feels she has been unfairly treated, then she can raise this with her employer directly, However, her employer does also have rights while in the probationary period if her employer thinks your daughter is not suited to the job, The link here may also help further. You may also wish to speak with her apprenticeship provider directly.

Pablo 28/07/2018 at 5:04 pm

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.

Whiterzz 25/07/2018 at 5:08 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

Big al 18/07/2018 at 10:55 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 ??

AnApprenticeship Editor 03/07/2018 at 11:28 am

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, Also it is worth checking your son's apprenticeship agremeement to see what both he and his employer have agreed to

Ali 02/07/2018 at 6:35 pm

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.

AnApprenticeship Editor 18/05/2018 at 3:29 pm

You should be entitled to holiday pay if it is owed to you, 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.

Jp1994 17/05/2018 at 3:25 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.

ANON 26/04/2018 at 1:36 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 13/04/2018 at 12:23 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?

KD 05/04/2018 at 8:30 pm

I took on a 1 year apprentice who fell pregnant within a few months. She completed her training early and went on maternity leave last May. The apprenticeship ended in August. I have paid all the owed maternity pay and she has had nearly 52 weeks away from work. She has now indicated she wants to return to work but her apprenticeship is over. Anyone know mine and her rights?

AnApprenticeship Editor 29/03/2018 at 11:39 am

Australian laws will differ. Unfortunately, we have no knowledge of Australian apprenticeship laws.

bean 28/03/2018 at 8:36 am

is this the same for in Australia? I didn't realise I was on a UK site.

Sam 14/03/2018 at 12:28 am

Hi I have completed my first year appretnership and I was 6 months in my second year and he said I wasemtt improving and I had a verbal warning for spilling paint on the floor but no first warming I don't understand also now inhale no employer they said I could finish my last 4 months to complete appretnership doing the test but today they said I have 4 weeks to complete that can they does this?

Le 17/02/2018 at 8:05 pm

Hi,
I was 2 and a half years of the way through my apprenticeship and the host employer emailed the apprenticeship agency and told them that they wanted to withdraw the sponsorship for my apprenticeship yet provided no reason.
The apprenticeship agency rang me to inform me and asked me to come in 2 working days later to their head office for a Disciplinary, when I got there i was told that I was being issued my 4 weeks notice, that I can appeal the decision with the agency but not the host employer and that the host employer doesn’t have to give any reason.
Is this allowed?
I am now not sure if I will be able to get my degree as there are many workplace modules to this.
Thanks

Crazycatjrm 21/11/2017 at 9:21 pm

My daughter was offered an apprenticeship placement in Sep 2017 and is on a 3 months probation period.
She has been put on the apprenticeship course until her 3 months probation has ended is it right that she should be getting paid apprenticeship wages or should she be on the minimum wage whilst in the probationary period as she is not yet on the apprenticeship course.

AnApprenticeship Editor 20/11/2017 at 3:48 pm

If your employer chooses to ask you to stay on as an employee, then yes. However, what you must not accept is continuing to work for apprentice wages once your apprenticeship ends. If your employer is doing this, then you would have to speak to him/her directly and ask for a wage increase which should fall in line with the national minimum wage for your age

Dgutz 18/11/2017 at 2:15 am

I've just been notified that I've been terminated from the apprenticeship program. Can my employer keep on as an employee?

T 13/11/2017 at 4:14 pm

I’ve been in my apprenticeship for 6 month. A full time placement came up in my office. Can I apply for it ?

Upex 03/11/2017 at 1:08 pm

Hi I have just been layed off from my plumbing apprenticeships cause my boss said he can’t afford wages were would stand with collage as nearly finished my Famre work for my level 2

jsmith 31/10/2017 at 7:02 pm

Hi I am 4 months away from finishing my 3 year apprenticeship, when on a job on a building site one of the lads wrote on a wall nothing abusive or insulting this wall had yet to be plastered ect all of us on the job got suspended we got suspended for 14 days then taken in for a meeting , in the meeting they said this is gross misconduct no matter what was written offensive or not and immediately dismissed? Is this allowed would you class this as gross misconduct? Are they allowed to get rid of me with only 4 months left

Aim 27/10/2017 at 7:11 am

Hi iv just finished my level 3 hairdressing apprenticeship and my manager and academy tutor informed me they were giving Me 3 days notice after being with the company for 3 years ,stating I hadn't shown willing to be considered kept on,as my final assessments had gone in late due to me be hospitalised for 2 days with severe asthma,iv had no written disiplineries,are they at right giving me such short notice?

Suzi 29/09/2017 at 3:36 pm

I am currently doing my Apprenticeship but I feel like am been slaved working because they force me to work over-time on which they don't even pay. They want me to work from 07:30 -21:30 even on Saturday day and Sunday. What can I do because if I don't come over weekend they want proof of something I was doing. Please help me ASAP??

AnApprenticeship Editor 28/09/2017 at 11:57 am

Your son would have to speak directly to his course provider and/or employer directly regarding this, as it is beyond our remit to advise.

AnApprenticeship Editor 28/09/2017 at 10:24 am

Much depends upon where you live. You can see more whichwhich should help answer your question.

Tuffer 27/09/2017 at 5:26 pm

My son has started a printing apprenticeship but the company decided to start him straight into level 3 instead of level 1, he is struggling and now has anxiety problems due to the work load and thinking he won't be able to pass . Has he any right to ask the company about starting at a lower level, there are 3 levels starting at 1 as you'd think but obviously level 3 is a lot more involved.

Lesto 27/09/2017 at 8:58 am

My Daughter finishes her Apprenticeship next week but still isn't 18 until December. Can she be employed full time as the new law says.

"You must then do one of the following until you’re 18"

Stay in full-time education, for example at a college
Start an apprenticeship or traineeship
Spend 20 hours or more a week working or volunteering, while in part-time education or training

Jackie 18/07/2017 at 1:09 pm

Hi Hugh,

Your son should formally request a copy, or the actual certificate, and all training under the Data Protection Act.

Should this fail, if you can find out who the awarding body is, you can request a copy from them but it will cost you around £45 for each replacement.

If a copy isn't received after the formal request under the Data Protection Act, you can report the employer (who I'm assuming delivers the training) to Ofqual. Ofqual oversees and regulates all government-based training (not-private). Ofqual may have serious words with the employer, who is not exercising due diligence in delivering certificates to your son.

Additionally, if the employer delivers the training and receives funding through the ESFA (this will apply for apprenticeships), you can contact the ESFA and explain the situation.

Hope this helps.

Hugh whyte 21/06/2017 at 6:19 pm

My son has been doing an apprenticeship as a cabnet maker, he has now finished his fourth year, he has been offered a new job, when he asked his previous employer for his certs, he was told that his employer does not give out certs as he is a small company, but he cant start his new job as he needs his certs, what can he do, he is so upset, can you please advise, thanks

Emmas 26/05/2017 at 6:14 pm

I finish my apprenticeship in a months time if I hand my months notice in to quit my job now will it effect my apprenticeship even though I will have technically worked until the end of it

C 07/04/2017 at 11:02 pm

My grandaughter had an apprenticeship on a 3 month trial can they sack her after the traol without warning.

nhlekeza 28/03/2017 at 7:51 pm

I've work for this company for 3 years as an employee so they then sent me for training now am retreached nd the training is not complete what can I do?

Amanda 09/03/2017 at 3:57 pm

I'm about to sign the papers for a apprentice.but I'm afraid of a big commitment. Will I be able to quit? When do I have to give notice? What would the consequences be if I quit an apprentice?

Millieann1993 04/03/2017 at 3:00 pm

I'm a 2nd year apprentice, how much notice does my employer have to give me before dismissal?
Thanks

MCK 03/03/2017 at 1:49 pm

my 17 year old son has an apprenticeship at a solicitors where he has worked for 11 months. The duration of the apprenticeship is 12 months. Now coming to the end of his apprenticeship he has asked the company if they are going to keep him on after 12 months and they responded we are conscious about your future but we cant give you a straight answer. In his statement of employment agreement between the two parties it says that the amount of notice of termination of his employment he is entitle to receive is 1 month. Now coming into his last month and not sure if he is going to be kept on is it against his rights/agreement that a week before his apprenticeship ends that they say they won't extend his stay with the company? thank you

Cind 12/02/2017 at 10:45 am

My son is on an apprenticeship to be a motor mechanic he started in August did a three trial month, he was working there before that doing work experience for two days a week for three months before so they knew what he was like. He had no holiday since the end of August. He has just taken a weeks holiday to do a 5 day intensive driving course, he passed his theory and they booked him a driving test for the following week, he contacted his boss to say that could he have the Tuesday off, his boss has come back to him and told him no he cannot have this time off, as you can imagine my son is devastated that can we do

Sash 17/01/2017 at 1:54 pm

Hi , I'm currently an apprentice and I am working within a school, when I started I realised I was not getting the pay that was advertised to me and also I am working more hours than expected. As well as this I am only being given two hours a week to complete coursework and my coursework is very intense and I am finding the work loud very hard to deal with. I am thinking that I want to remove myself from this job and find another job as I am finding it very hard to cope and financially it is very hard. I just wanted to know if I was to leave so I need to hand in a notice and if I want to leave who do I tell? My apprentice assessor or the organisation that I am working with because I am very unsure of how I go about terminating my place at this school l.

Louise 26/12/2016 at 5:43 pm

My son is in his second year of his apprenticeship. The company don't follow many employment laws but last week his boss pushed him. My son responded with "F*** off" which I know was wrong but then the boss said he was sacked. On numerous occasions he has shouted and sworn at my son and threatened to punch him. Can he just be sacked on the spot like that?

Jordan 23/12/2016 at 2:14 pm

I have been an apprentice electrician and im at the start of my second year out of 4 (done 4 weeks out of the 11 at college and passed first year with flying colours) my wages are funded by the local council and they normally send me letters just to confirm that i am still working with my company normally i sign my letter and post it back to them and the funding is put in my companys bank to pay my wages. But at the start of November i was asked by my boss to sign the letter and send it away as I normally do, but i didnt receve the letter so i told my boss this. My boss spoke to the wonan who deals with my funding and she sent out another letter which again didn't arrive. It is now december and everyone else in my work had been paid except me so i contacted my boss via text and asked him why this is, he then did not reply so i phoned and he hung up. The next day he arrived on the job and i asked him if it was possible for me to go to the local office and sign the letter there, he told me that it was too late and there is no funding for me as i have not signed the letter. I asked my boss what is happening with my wages and he said "well if theres no funding then theres no job" and proceded to walk away from me to his car, i then asked (baring in mind this is the 23rd of december and i had to get my christmas presents) when am I getting my pay then and his reply was i have posted you a cheque which ultimately means by the cheque gets deliverd and by the time it takes to cash in it would be well into the new year. After my boss rudely walked away from me without an explanation i phoned the council and found out that my funding stops in January and i think he had the intention of getting rid of me anyway. I was just wondering what are my options does he have to pay me some sort of redundancy money or is this an unfair dismissal that i could take possibility further?

Jojo 24/11/2016 at 10:13 am

Hi I'm currently doing a apprentice at a nursery for level 2 nursery practitioner. I started in June, but I'm nearly completed my written work. Can I leave the job once I've completed 100% of my apprentice or do I have to do a full years training with the job? Thanks.

zaryx 21/11/2016 at 4:20 pm

I have applied for a Level 2 medical reception apprenticeship today (21/11/2016). I will start on 05/12/2016 once I've passed interview process etc. It says it will last 12 months. I contacted the recruiters directly and they say depending on how fast you learn you could finish earlier or later. The pay is £102 - £136 per week. Which isn't too bad for me considering im fortunate to living at family home.

My sittuation is that I have an offer to start university March 2017 to study nursing so ive got good gcse and A Level grades. So I'm going for the apprenticeship because I like the sound of it and I've got previous work experience as an admin assistant. So I won't have any problem getting into the apprentiship.
I feel guilty for not mentioning that I'm starting university in 4 months. But I know working between now and then will be good for me since I will develop more skills before starting uni and I'll have saved some money by then.

Btw I have spoke with the recruiter and they fund the apprenticeship for anyone aged 18 - 24 (I'm 20)

So I wanna know will it be bad if I just work December - February (3 months) then leave. I don't know what the notice period is but that's my plan.
Just in case anyone is wondering why I don't just find temporary work ... I've applied to everyone I can from retail to call centre but they keep turning me down because I don't have enough experience.

So anyone reading this please let me know if my plan is bad and whether there are consequences.. I have a uni offer so I don't need to mention what I've done to anyone at uni.

AnApprenticeship Editor 21/10/2016 at 12:33 pm

If you son has been dismissed, his employer must show they’ve; a valid reason that they can justify, and have acted reasonably in the circumstances. You can see what rights your son has which

Kimbo 20/10/2016 at 9:06 pm

Hi, my son is 8 months into his apprenticeship and has been sacked by the company! No reason has been given but I'm assuming it's his attendance as he suffers with anxiety and I have cancer and been in and out of hospital over the last few months which I've tried to explain hasn't helped his anxiety. Is there anything I can do?

Thanks

Dc 16/10/2016 at 3:51 pm

Hi my son is 9 months into the first year of his apprenticeship and has had his hours reduced from 30 to 16 as the company state they can't afford to pay more hours. This has also affected others apprentices. Can they just do this? Am presuming they would need to declare the cut in order for their funding to be reduced? D

Vonnie 26/09/2016 at 8:26 pm

Hi, my son has abt 7 months left of a 4 yr apprenticeship in fabricating and welding and was told last week with another 2 boys that they will no longer be attending college as they had all failed their maths exam and will no only receive in-house papers, can they actually do this with such a short time left on completing their 4yr course. I find it all very disheartening for him. Look forward on getting your feedback.

Kay 18/09/2016 at 1:45 am

I am 8 months into my construction apprenticeship I finished my training and I got put on site without a cscs card but they said they'd sort it and never did, I had days off were I have driving lessons which they knew about and the odd day off where I weren't feeling too good, I got a letter saying I had been terminated from the course and should attend a meeting but the meeting was set the day before I got the letter so I couldn't attend, I had no warnings and never got told at all that I was doing any wrong, where should I go from here?

CatB 26/06/2016 at 7:14 pm

My daughter is in the process of doing a 2 year hairdressing apprenticeship. She is behind in her training through no fault of her own as her boss did not provide any training for her for eight months. She is understandably concerned that she will not be able to complete her training within the required time left and will be sacked as incompetent. Any advice or help on how this can be approached. She does not seem to be getting any support from the college she attends in this respect. Additionally she will turn 19 in November this year and is worried that she will be left with nothing. She began her 2 year apprenticeship in February of 2015.

Frankie Hoglet 26/04/2016 at 9:46 am

My daughter has been 'let go' because 'it hasn't worked out' (wording as per the letter), almost 5 months into her 18 month apprenticeship. She has been given no reason, no warnings, no issue with work, attendance, behaviour or attitude, all reviews by apprenticeship company (3 - 4 weekly) are positive. She has been given 2 weeks paid notice (no requirement to work). She is well passed her 3 month trial, after which her contract states would require her to give 2 months notice, and that the contact is fixed term (no detail of notice to be given BY employer). Does she have a claim for unfair dismissal? She has worked hard to get this job, hard to keep it, and doesn't even know why it has ended. As a young person doing the tasks no-one else wants to do, working for significantly less than the 'normal' minimum wage, her confidence needs all the help it can get. This is like a blind-side punch to the head, seemingly completely without blame.
The cheeky rascals even allowed her to work half the day before giving her the letter and asking her to leave. As I say, there is no reason given in the letter, wishing her all the best in the future. The manager she asked said 'I don't know why I've been asked to give you this'!
Any feedback appreciated.
Frankie Hoglet

Dm95 19/04/2016 at 10:29 am

Hi,

I am currently at the end of my childcare apprenticship. My tutor is due this week to send my work off to an assessor. My question is, if I decide to hand my notice in after the work has been sent off but before I receive my certificate, what happens? Does my current place of employment have any right to keep hold of my certificate or charge me anything, etc?

AnApprenticeship Editor 12/04/2016 at 11:08 am

Still much depends upon the terms of the contract and how your son was employed. Therefore, is important that you refer to the terms and conditions in this. His employer must be able to show that they are not breaking the terms of the agreement (breaking the contract) with the apprentice. It is difficult to advise whether you have the grounds to appeal regardless of the 'two year unfair dismissal' claims (as some apprentices have additional protection) because the apprentice contract is important here in order to see whether his employer has stuck to the rules. If you still think his employer has contravened the terms of the agreement then I should seek further advice from either his apprenticeship provider or an employment law professional.

odd shoes 11/04/2016 at 11:48 am

Thankyou for your response.
Acas have just informed me that he would have been classified as an employee of the company therefore would need to be employed 2 years before a claim for unfair dismissal can be made.
Is there anypoint appealing this decision?

AnApprenticeship Editor 11/04/2016 at 11:09 am

In order to sack someone legally, an employer has to establish fair grounds for the dismissal. There is a range of factors that might be considered fair grounds. These include, for example, poor conduct, or an inability to perform the job properly. In addition, the employer must be able to show that they have acted reasonably during the course of the dismissal and conducted a proper and thorough investigation before dismissing the employee. Please see link: Can I Sack an Apprentice? here and 'make a claim to an employment tribunal'

Odd shoes 10/04/2016 at 11:47 am

Hi, my son has just been dismissed for falling behind with his coursework 18 months into a 3 year apprenticeship. We have requested copies of his appraisals and these have shown that he had made some improvement up to January but lapsed again in March. This apprenticeship was with a main car dealer and he has invested a lot of money in tools to do the job. His workshop reviews have always been good.
We are considering an appeal, please can you advise

AnApprenticeship Editor 23/03/2016 at 11:55 am

You would have to speak to his course provider regarding this, or ACAS.

Boys 22/03/2016 at 4:04 pm

My son is on his third apprenticeship he has just be sacked for gross misconduct for not changing a filter and falsified job sheet to say was fitted can we appeal this

mimi 20/03/2016 at 1:56 pm

My son has been a business admin apprentice for 6 months with a local small business (the boss & my son). This morning just before 9am his boss came to out home and told my son that he would not be continuing his employment as an apprentice anymore, reason being that last night my sons friends 'sarcastically' told his boss how much my son enjoyed working for him & he felt intimidated by them, he then went onto say that his work had not been up to scratch and his dismissal would be with immediate effect!!
where do we stand? Is this unfair dismissal?

cofeaks 04/03/2016 at 7:19 pm

My son is in his 3rd and final year as an apprentice at vw. He has around 8 months left of training. He was recently called into the office and told that he wasn't hitting the dealerships monthly targets and wasn't commited enough to the company, although they admitted he was a nice lad. Therefore, if by the end of the next month he hadn't acheived there target he would be sacked. His attendance record is reasonably good and they admit that his quality of work is of a good enough standard. Recently the dealership has changed hands resulting in a crackdown on profit margins. Can they justify sacking him.

AnApprenticeship Editor 12/02/2016 at 10:13 am

In order to legally sack an apprentice, his employer would have to establish fair grounds for their dismissal. There is a range of factors that might be considered fair grounds. These include, for example, poor conduct, or an inability to perform the job properly. Fair grounds might also include a legal reason that the apprentice can no longer work for example if they are a driver and they lose their licence. It would be advisable that your son reads his contract as the grounds of dismissal should be laid out within.

AnApprenticeship Editor 12/02/2016 at 9:58 am

If your daughter has a fixed term contract, as specified in the article, her employer has 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 (written). 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’. If you feel you need more advice, or that this does not answer your question fully, then I suggest you give ACAS a call.

tillymint 11/02/2016 at 10:37 pm

My son started apprenticeship last November and has not had any training at a college or provider. He has not had an apprentice agreement stating what qualification he will recive and when. He has just been given a normal employment contract. All he seems to have is the apprentice wage. Shouldn't he be receiving training and have an agreement?

Golf 11/02/2016 at 11:29 am

My 24 year old son is 6 months into his Apprenticeship.....He has been working for this company for 18 months........
He has just received a disciplinary which he will attend in the next few days, what rights as an apprentice does he have........its for silly things like forgetting to collect things from the yard before work and having to go back and collect them and for also running a company van without headlights..........can they sack him for this........

donlj 11/02/2016 at 11:15 am

Hi, My daughter started an apprenticeship in Feb 2015. When she started, the Manager at the time told her she would still be employed once her apprenticeship finished. She was told she would be employed in the her current role and given a company vehicle. She has since had 3 different Managers (!) and she heard whispers from other employees that when her apprenticeship was up she wouldn't be taken on. She has had a Mentor throughout and at no time did they tell her she wouldn't have a position. When she last saw her mentor she was told they would be back next week to go through her CV to find her a position within the company. She received a letter today confirming the details of her conversation with a Director that her fixed term contract will come to an end at the end of this month. The conversation they refer to has never taken place, also her contract of employment doesn't say anything about being on a fixed term contract or that there is a possibility she won't be taken on at the end of her apprenticeship. I feel they have treated her appalling but don't know if there is anything she can do about it? They have also asked her to complete an exit interview form, which she is concerned if she puts anything negative then she won't receive a reference.

AnApprenticeship Editor 03/02/2016 at 12:04 pm

I suggest in this instance giving ACAS a call. If you have no contract, and do not receive a break (under the European Working Time Directive law you should receive 20 minutes for every six hours your work). Plus, if you are being paid in cash without knowing whether tax or National Insurance is being paid, then your employer may be working outside employment guidelines. Therefore it is worth double-checking with ACAS via which

AnApprenticeship Editor 03/02/2016 at 11:28 am

It's a tricky question to answer as while the company is not promising to make the apprentices permanent, it is saying there 'may' be a possibility, which is not theoretically wrong, if at the end of the course, some staff may be kept on. With regards to the apprentices, it really depends what is specified in their contracts over what happens at the end of the course. If you feel strongly about the actions of your company, then in the first instance, you could have a quiet word with your boss and state that you think what they are doing is ethically wrong - especially if the information in the apprentices contracts is at odds with what your employer is verbally saying.

cal 02/02/2016 at 8:25 pm

I am an 18 year old apprentice but have no official contract. I am also paid weekly in cash. I frequently work 8-6 daily with no break and only receive £100. My boss has complained that I don't work over-time and has indicated that he may sack me, What are my rights?

FrustratedApprentice 02/02/2016 at 7:07 pm

I currently work for an outdoor activities company. We hire apprentices on fixed term contracts in various departments, the most prominent being that of Activity Instructors. We hire them with the understanding that they will be given the opportunity to become permanent staff at the end of said contract.
They used to hold a day long assessment for possible permanents & there were a lot of discrepancies and badly thought out ideas during this day.
The employer has now entirely scrapped the permanent assessment idea & is continuing to ask the hiring department to say that there may be plans for it in the future. Before this, I wanted to stay with them & build a career. Now I'm wondering whether to just get out as soon as I've finished my NVQ.
Is it legal for them to make promises of opportunities like this with zero intention of following through with it?

AnApprenticeship Editor 04/12/2015 at 10:44 am

You will need to give ACAS a call to talk through your rights. Did you have a contract? If so, you may have a case for unfair dismissal.

Loza 03/12/2015 at 7:27 pm

I started an apprenticeship at a Nursery ten months ago, I needed to get my written English up to the grade and was enlisted at college, but my employer cancelled my course, saying that not enough people were on the course to continue, but she continued to employ me for some months after without complaint, even offering a job at the end, but suddenly today she finished me stating that it was because my written English wasn't to grade. No notice just finished.

AnApprenticeship Editor 10/11/2015 at 11:55 am

You should look at your contract as it will state how long the apprenticeship will last for and include whether there may be any repercussions should you leave early.

Unicorn 09/11/2015 at 12:57 pm

Is it possible for me to leave an apprenticeship early if I want to go to University instead?

Mickey 18/09/2015 at 11:47 pm

I started a digital marketing apprenticeship 2 weeks ago, I was due to have a viisit from the training provider today to sign contacts etc but the employer called me into a meeting and fired me saying that they need someone with experience in admin and that I had done nothing wrong, but I gave up a college place and applying to university through clearance because I'd been offered this apprenticeship, Surely this shouldn't be allowed?

AnApprenticeship Editor 16/09/2015 at 2:07 pm

If these jobs are not listed in her employment contract as part of her job, then no. Therefore, I suggest you give ACAS a call via the link here in order to get the best advice on how to approach this matter with her employer.

Jay 01/07/2015 at 4:10 pm

At the beginning of my apprenticeship I was given a letter stating what my yearly earnings would be on each year of the 4 year apprenticeship, as the wages increase each year, but this year when my wage was meant to change to the rate they allocated for 4th year apprentices they decided not to give me it as part of cost cutting, so I am 4th apprentice earning what the letter said I would be earning in 3rd year only, is that aloud ?

nikwa 29/06/2015 at 9:17 pm

My daughter has finished her apprenticeship on the 15th of may but her boss has told her until she has her certificates she does not have to pay her minimum wage is this right

gavin87ni 23/06/2015 at 2:39 pm

Im still not quite getting this. What if another company buys the company that the apprentice is working for and then says there is no job available for him when his contract finishes. Even tho it was promised in his contract with the last company.

amira 20/06/2015 at 10:33 pm

Can I leave my apprentice at any time even though the goverment is paying for me as I am 22 years of age.

AnApprenticeship Editor 21/10/2014 at 1:08 pm

@Have you contacted the college and asked what they suggest you do under the circumstances?

Moo 20/10/2014 at 12:29 pm

Third year apprentice technician excluded from college for behaviour so cannot qualify.
What needs to happen next. Cannot work on customers cars if not qualified. Is it legal reasonable to sack him?

mlindosh 23/08/2014 at 3:08 pm

i submitted a fraudulent sick note, so i would like to know is the any chance i wont be dismissed.

stag 09/05/2014 at 5:16 pm

Apprentice should be sacked if don't carry out the training or going to college. And putting full time staff in danger we are more important. We're youngsters is not willing to learn.

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