Apprentices can be a hugely valuable addition to your workforce. Many businesses rely on apprentices to provide them with the skills they need, and many apprentices go on to climb within the business in which they train.
Sometimes, though, things don’t work out. It is sometimes necessary to dismiss apprentices. While this is not a pleasant task, there is often no alternative. It is legally possible to sack apprentices. But you need to make sure that you act within the boundaries of the law in order to avoid a potentially expensive employment tribunal.
Can I Sack Apprentices?
Yes. Apprentices are employees just like any other. This means various things. To begin with, it means that they are entitled to the same rights and protections that all other employees enjoy. For example, they are entitled to be paid a certain amount. But it also means that they can be treated like employees in other ways too – so they are not immune from sacking.
It is important to remember, however, that dismissals must be carried out in a manner that is legally valid. If you fail to adhere to the rules when sacking an apprentice (or, indeed, any other employee) you could end up with an expensive tribunal to face.

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In order to sack someone legally, you 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.
In addition, you must be able to show that you have acted reasonably during the course of the dismissal. There is, as yet, no firm legal definition of ‘reasonableness’. But in order for your conduct to be deemed reasonable, you will probably have to fulfil certain criteria. You must, for example, be able to show that you had a genuine and reasonable belief that the grounds for dismissal were fair. You may also have to show that you told the apprentice that you were considering sacking them, and that you gave them adequate opportunity to appeal. You will also be required to show, where applicable, that you conducted a proper and thorough investigation before dismissing them.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
What Procedures Must I Follow?
Employers are required to have a written set of disciplinary and dismissal procedures. These must be drawn up in accordance with the Acas codes of practice, and they must be provided to all employees. You must follow these procedures at all times.
If you fail to abide by your own procedures, or if you do not have any procedures, you will have a much harder time showing that you have dismissed your apprentice fairly and reasonably. You can get the relevant codes of practice from the Acas website.
What About Fixed Term Contracts?
An apprentice’s contract with their employer normally has a specified length – but it is not legally considered to be a fixed term contract. Indeed, the Fixed Term Employees Regulations exclude apprentices altogether.
In practice, apprentices enjoy many more rights than those offered to a worker on a fixed term contract. If you want to dismiss an apprentice, the onus is on you to show that you are not breaking the terms of your agreement with the apprentice.
This has significant implications for dismissal. If you break the terms of the agreement, the apprentice stands a good chance of being awarded at tribunal all the wages they would otherwise have been paid for the length of the contract. You therefore need to be very careful when it comes to dismissing apprentices.
You should consider making sure that your disciplinary procedures, and what you consider to be fair and reasonable grounds for dismissal, are included in the apprentice agreement. This way you stand less chance of being accused of breaking the contract in the event that you have to dismiss an apprentice for one of these reasons. More information about fixed term contracts and apprentices is available elsewhere on this site.
Dismissal is a difficult process, and one that is fraught with potential legal problems. If you are in any doubt you should seek independent advice before taking action.
Three weeks ago I received a call from his college mentor who told me after talking to the boss of the company that he was doing really well, that they liked him and that he was a hard worker. They also told her that they were pleased they had taken him on.
However, today he was told by that very same boss that he didn’t work hard enough and that he didn’t have enough energy for the job and that he was letting him go.
The lad is completely distraught, he doesn’t know why this has happened. Apparently he has received no warnings, no guidance and nothing from his college to substantiate this dismissal. He thought that he was getting on fine and so did we, his family.
Is this legal, can the employer just do this? Where does my grandson stand with this please?
This week he was asked by a colleague to stay away mon - fri, working 7:30/8am - 6:30pm as I am writing this he is still not home 7:45pm at 6:00pm he was still at work as they were asked to go to another job elsewhere today after leaving London. He even had to stay up there the previous week which is his college day which is currently online. He had to do his college session and then work when this is finished
How do you suggest we approach this as he is 18 and I want to help him resolve this without embarrassing him. Any advice would be appreciated
I'm concerned they are looking for anything to pin on her.
he was given absolutely no notice whatsoever , no warning nothing and now that's everything just gone all his hard work all his exams gone?
Surely something can be done about this ? he feels like his future has literally just crumbled before his eyes! His college the training provider said that if he couldn't find another company in 30 days then his apprenticeship would have to be terminated so now that's it . 3 years work just gone like that. Does he have any rights what can he do??
2 months later my son split a run on flat tyre. It had not been put on the customers vehicle and was reported.
His bòss had him I'm the office yet again saying they could sack him, but it would be better for him to hand ìn his notice as he wouldn't get a job anywhere else...he felt bullied and manipulated into handing in his notice...when he got home and explained I told him to phone HR and explain the situation. They said they will investigate but we have hears nothing...is he likely to get his job back?
Is it legal for a company to offer their apprentices to another company?
He was told he'll have to do it, or he's out. There's no union in the place. Any advice would be gratefully received.
He was asked to work overtime on sat 23rd Dec a non-working day. He agreed but drank too much at a Christmas party and so was unfit for work! He informed his boss who has now told him not to turn in for work at all. He hasn’t been paid since and has requested a meeting which looks like he will be sacking my son! Is this reasonable dismissal?
With doing both she is effectively working more hours than me for £3.50 an hour.
Please can someone inform me of the law for apprenticeship as her boss is now saying that if she can't cope he will get rid of her, if I'm honest it would be a good thing if this is how apprentices are treated and are expected to do
.Has my son got any rights ?
Every time he has brought up his money they has complained and said they cant pay him anymore money or they would have to sack him as he doesn't make enough money for the company.
They complained about him not having driving experience so he got a car and has to pay for this weekly but they are now complaining he isn't buying enough tools even though they told him they would buy him them and he has said he can't afford a car and tools with the money he is on!
I need advise on what to do because it is making him really upset as they are making him upset as they make snide comments about him.
I have been informed by my sons tutor that his boss has cancelled my sons apprenticeship as a sous chef ages ago, as he is not competent enough. But he is still working there under the assumption that his apprenticeship is still ongoing. He is 19 years old. Should his wages then have been changed to minimum wage for his age bracket instead of the apprentice wage?
Many thanks
Stephanie
How do I go about this is there anywhere I can speak to to help me figure out if I have a case
He failed 1 exam at tafe( he can resit the exam ) he has only had 4 Vista to tafe
Also not beening able to be sent out to jobs on his own
Making mistakes
His boss feels he don't really enjoy the job
He made a mistake and cut one wrong live wire but rang his boss straight away and told him (no supervision )
My son has turned up for work every day offers to stay back anytime to help
Try s very hard
Took on more learning with a tutor
Has learned some of the tasks
Admits he stuffs up sometimes
What can we do about this down grading problem
Lin
So I started a H&SC L2 apprenticeship in a GP surgery on the 1st March 2017 however my manager had a meeting today (27/04/17) notifying me with mistakes which I have made and learnt from she is concerned from feed back from the nurse I work along side I have no interest in the role as it's a big role. I feel as if I'm doing as much as I can to learn step by step and now I try stay more active during consultation and try perform to show I am capable and I am trying to understand the role more and what is expected? Can I get advice or help? My manager is giving me until 9th may when my assessor is coming out and she said depending on feedback she will let me know then if I lose my job? What can I do?
today I can not access to entry into company for perform the job.
Last two-day I was informed leave to my superiors.
now I want to do Diploma in mechanical engineering from BTE Delhi & resign the apprenticeship from msil.
Regards
Thanms
He started his apprenticeship, attending his place of work and college once or twice a week to complete the exams and course work. The boss had absolutely no complaints and would even ask my brother to "dog sit" at his house for weeks and weekends whilst he would jet off abroad etc. which was never a problem for my brother.
However, in the process it would be explained how his boss was a real jackel and hyde and would switch from moods on daily and hourly basis'.
Recently, his boss advised, infront of his other colleagues that he has those two now who are full time and older, so he will be letting him go! there was no explination give, no disaplinary and he was advised he would get 1 weeks' pay.
Upon trying to get some sense out of his boss he was met with abuse, as were other family members trying to do the same thing.
We have tried ACAS and CAB. However because he has been there less than 2 years, out by a month or a few weeks. He has no grounds to take his ex employer to a tribunal and they are basically not interested.
It has come to light though that whilst my brother was working there and sent to various jobs, his ex employer was in fact interviewing other apprentices to take on and introducing them to the team members. It is very apparent that the ex employer was very aware of what he was planning all along, and that research may have played a part in knowing to sack him before his 2 years term!
What an absolute joke! and the Government wonders why they loose and dont take on apprenticeships as much now! because the poor apprentices have no legs to stand on in these situations! he is now without any work and awaiting his qualifications before he can set up on his own or join another firm in the same area of work!
Please could someone respond as I'm unsure what to do next.
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