Modern apprenticeships

Case 7: The facts

Mr Flett worked for EAB Electrics and entered into an individual learning plan as part of a modern apprenticeship. This included an element of training from a third-party trainer.

The issue was whether he worked under a contract of employment or an apprenticeship.

The ruling

The Employment Appeal Tribunal (EAT) noted that, prior to the training arrangement, there had clearly been an employment contract between Flett and EAB Electrics. It also noted that the training component was completely different from normal apprenticeship agreements, which are for a fixed term and place an obligation on the employer to train the apprentice for a particular career.

The EAT held that a modern tripartite apprenticeship agreement like this one was not a contract of apprenticeship; Flett was an employee and therefore was entitled to minimum notice.

Flett v Matheson UKEAT/0516/04