Read on to learn everything that you need to know about terminating an apprenticeship early. Before we discuss how terminating an apprenticeship early works, we first need to understand the definition of an apprenticeship. An apprenticeship combines on-the-job training with classroom learning.
This means that an apprentice is employed by a business whilst also studying for qualifications. This can be anything from GCSE equivalent right up to a degree level course. Apprenticeships are available in almost every field, including business, IT marketing, engineering, transport and construction.
They can take anything between one and six years to complete, depending on the level of the apprenticeship and the field of work. An apprentice is treated as an employee. This means that they benefit from the same rights as an employee.
However, an employer also has increased responsibilities towards an apprentice, including being responsible for the facilitation of their training. These are contracts of apprenticeship and apprenticeship agreements. This is an important difference, as the two are treated differently when it comes to early termination.
A contact of apprenticeship is made for a fixed term, which is defined in the contract. Training must be the main purpose of the arrangement to qualify as a contract of apprenticeship. These apprenticeships cannot be terminated early unless there is a case for extreme misconduct. Employers may receive funding from the government to cover part of the training cost for an apprenticeship agreement.
Unlike with a contract of apprenticeship, an apprentice under an apprenticeship agreement can be dismissed in the same way as any other employee. Apprentices are usually classed as employees. This means that they are entitled to the same benefits and conditions as other employees in the workplace. This includes:. Apprentices are entitled to additional rights. This includes being paid for time which is spent training or studying for their apprenticeship. The reasons for which an employer is able to terminate an apprenticeship early will depend on the type of apprenticeship that is in place.
Most apprentices in England and Wales are under an apprenticeship agreement. This agreement may contain a clause which sets out the circumstances in which the apprenticeship may be terminated early. This could include poor performance and redundancy. Ultimately, apprentices who are employed under an apprenticeship agreement are subject to the same terms and conditions as any other employee. This means that they can be dismissed in the same way as any other employee within the company.
If the apprentice is employed under a contact of apprenticeship, it is more difficult for an employee to terminate the apprenticeship early. This is because the apprenticeship will have a fixed duration which cannot be altered, except in extreme circumstances. For an apprentice employed under a contract of apprenticeship to be dismissed early, the employer would need to prove that the apprentice cannot be trained. This would need to be a serious misconduct case, for example if the apprentice was purposefully disobeying direct instructions repeatedly, or by regularly neglecting their duties.
This means that it can be difficult for an employer to terminate an apprenticeship early for those under a contract of apprenticeship. An apprentice is free to leave an apprenticeship at any point, if required. Essentially, an apprentice is subject to the same conditions as any other employer when it comes to leaving their role.
The required notice period should be set out in the employment contract. If the apprentice is employed under a contract of apprenticeship, the contract may state that the apprentice is required to pay back some of the training costs. However, if the apprentice is employed under an apprenticeship agreement, they will not have to pay back any money for training. This is due to the government funding that businesses receive for apprenticeship agreements.
Whether or not you can be sacked from an apprenticeship will depend on the type of apprenticeship that you are undertaking and the circumstances. This means that you can be dismissed for misconduct and performance issues.
If you have an apprentice, you may be wondering whether you are able to make your apprentice redundant. An apprenticeship contract can only be terminated due to redundancy if the business closes or undergoes significant changes which mean that it is no longer possible to provide training to the apprentice. Apprentices who have are employed under an apprentice agreement are treated in the same way as any other employee, meaning that they can be made redundant.
If an apprentice is made redundant, the government will continue to fund their apprenticeship training for at least 12 weeks to give the apprentice time to find alternative employment in order to continue their apprenticeship. What happens after an apprenticeship ends will depend on the type of contract that the apprentice held.
However, the majority of apprentices who are under an apprenticeship agreement will hold a permanent contract of employment. This means that they have the same rights as any other worker within the business. When an apprentice completes their apprenticeship, they will continue to work within the same organisation, unless they hand in their notice or are dismissed. In many circumstances, an apprentice will be given the chance to progress onto a higher level apprenticeship within the same organisation, building upon their skills further.
A typical apprenticeship will involve the apprentice working for between 30 and 40 hours per week. Part time apprenticeships may also be available, or may be negotiated with the employer for apprentices who have caring responsibilities. The minimum wage for an apprentice will depend on their age and how long they have been employed as an apprentice.
For apprentices who have completed their first year and are over 19 years of age, they are entitled to the National Minimum Wage. However, some employers may choose to pay their apprentices at a higher rate.
Apprentices are paid their wages by their employer. Whether or not an apprenticeship will be able to be terminated early will depend on the circumstances in which the termination has come about and the type of apprenticeship that is in place. Irrespective of the circumstances, an apprentice is free to leave their apprenticeship at any time. How do you plan to fill the gap in your CV left by not finishing your apprenticeship?
Many employers will pick up on these gaps and ask you to provide a suitable reason. Do you have another contact you can give a new employer as a reference? Think beyond your present situation and see the effect leaving will have on your future employment.
To start with, you may feel that leaving your apprenticeship is the right thing to do. Try to view your decision to leave your apprenticeship from the perspective of an employer. According to the gov. Very few roles outside of an apprenticeship would be able to provide you with the same learning and career advancement opportunities that you currently have.
What drives specific individuals to leave? Future possibilities after you quit an apprenticeship Depending on the reason for choosing to leave the apprenticeship, there are several options for moving forward.
Here are some examples: Changing occupations If you are unhappy with your job, whether it be because of the workplace, the responsibilities, or the business culture, you can change occupations and continue on your apprenticeship course.
Changing the subject If you choose to leave your apprenticeship to follow a different subject, you must reapply for a different course. Leaving your apprenticeship while thinking about your future If you are unhappy with the apprenticeship course, including the content and quality of instruction, your employer will allow you to change jobs within the company.
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