The claimant became an apprentice roof tiler with the respondent in October 2014 and his apprenticeship contract was due to continue until November 2018. As a result of a downturn in business the claimant was informed that his employment was to end on the basis of redundancy. The respondent rejected his appeal against this decision and he claimed for breach of contract.

The tribunal held that he was entitled to be trained by the respondent and employed by them until his apprenticeship had ended. As his employment had been ended early, and in breach of the contract, the claimant was entitled to receive damages. As the employment judge put it, "His future losses might stretch over some years as he will now be disadvantaged in the labour market by not having his roofing qualification. This means that when construction work is available even if he could obtain employment it would not be at the higher rate of pay that a qualified tradesman would command."

The Tribunal accepted that due to the downturn in the economy, the claimant’s age and the specific nature of the apprenticeship he would find it difficult to obtain new employment. The tribunal awarded the claimant £25,000 taking into consideration the £24,217 he would have earned for the rest of his apprentice and future potential loss of earnings (this amount being the maximum a tribunal can award for a breach of contract).

Practical Lessons

Apprentices are extremely likely to be considered employees for the purposes of the statutory employment regime and consequently enjoy many of the statutory rights applicable to employees.

Employers should note that since the focus of a contract of apprenticeship is on training as opposed to the work performed, the circumstances in which an apprenticeship contract can be dismissed are likely more limited than with ‘standard’ employees.

The result of this case may have been avoided if the contract had been drafted differently. Ensuring that such apprenticeships contracts include relevant break clauses is something employers may wish to consider, especially when downturns in business are reasonably foreseeable. However, legal advice should be sought by any employer considering terminating the contract of an apprentice.

https://assets.publishing.service.gov.uk/media/58c6ba7fe5274a2a5c00014f/Mr_D_Kinnear_v_Marley_Eternit_Ltd_ta_Marley_Contract_Services_41052712016_Final.pdf