Apprenticeship Agreement

An apprenticeship agreement is one whereby the apprentice is bound to the employer in order to learn a trade, and the employer agrees to teach and instruct him or her in accordance with conditions specified in the Apprenticeships, Skills, Children and Learning Act 2009 (ASCLA 2009) and the Apprenticeships (Form of Apprenticeship Agreement) Regulations 2012. Apprenticeship agreements only apply to apprenticeships in England and Wales  where the relevant apprenticeship framework has not yet been replaced by an approved apprenticeship standard. An apprenticeship agreement has the status of a contract of service, which means that an apprentice engaged under an apprenticeship agreement is only entitled to the statutory protections granted to ordinary employees. An apprenticeship is covered by the normal rules of contract. Normally an apprenticeship will be for a fixed term and will be in writing. It cannot be terminated except for grave misconduct or a refusal by the apprentice to perform his or her duties. An apprentice would be entitled to damages for both immediate and future loss (relating to prospects) for wrongful dismissal.



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