The applicant had been employed by the respondent under a modern apprenticeship contract. The employer dismissed him during the term, after a downturn in work.
Held: Though the contract was subject to the employer’s standard terms, it remained the fact that he was not an employee, and could not be dismissed. The employer claimed that a contract requiring him to employ somebody for five years was a commercial nonsense. Following Wallace, a contract of apprenticeship was determinable only on completion of the training.
EAT Unlawful Deduction from Wages –
Judges:
Mr Recorder Underhill QC
Citations:
Times 02-Jan-2003, EAT/841/01, [2002] UKEAT 0841 – 01 – 2611
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Wallace v CA Roofing Services Ltd 1996
An employer can less easily terminate an apprentice than other employees. An oral apprenticeship contract is enfoirceable, but only once it is acted upon. . .
See Also – Whitely v Marton Electrical Ltd EAT 22-Nov-2001
. .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 01 October 2022; Ref: scu.179977