The Apprentice-Your fired can be expensive.

I run a building company and we recently took on an apprentice electrician. At first, this young man was doing quite well but it soon became clear that he had little or no interest in the work. Inevitably, he started to become more trouble than he was worth, and after about four months I told him it was not working. I have now received a letter from a solicitor saying that I didn’t fulfil my obligations to provide him with a good training, and threatening to take me to an employment tribunal. Can he do so?

There are currently two forms of apprenticeship, the traditional “contract of apprenticeship” and the apprenticeship agreement introduced in 2009. While the apprenticeship agreement must be in a prescribed form, a contract of apprenticeship need not, so I am assuming that this is a traditional contract of apprenticeship.
Training is the primary purpose of an apprenticeship, with the performance of work for the employer considered of secondary importance. The ordinary laws of dismissal do not apply and your ability to terminate before the expiry of the apprenticeship is limited. If the apprentice’s actions were so extreme that he became un-teachable, or had he willfully disobeyed instructions, you may have a valid reason for terminating the contract. But that does not appear to be the case.
In the circumstances, the solicitor’s threat does appear potentially valid and should the apprentice succeed with a claim he may recover damages for early termination and for loss of future career prospects ( the minimum length of an apprenticeship for 16- to 18-year olds is 12 months). I would advise that you seek legal advice to discuss your options.
Before you take on an apprentice think carefully-the game may not be worth the candle.

By Rodney Hylton-Potts/employment lawyer.