Apprenticeships

Case 9: The facts

Liam Flett signed up to an individual learning plan (ILP) to become a qualified electrician. Over the four years of the ILP, his employer would pay his wages, give him work experience and provide access to a government-funded external trainer.

Flett was dismissed without notice before the end of the ILP. He claimed that he was entitled to loss of earnings for the remainder of his apprenticeship, as well as damages for the loss of training and status, having been denied the opportunity to become a qualified electrician. He estimated these losses at £50,000.

But the Employment Appeal Tribunal (EAT) ruled that a “modern apprenticeship” such as an ILP is not the same as a traditional apprenticeship; Flett was an employee working under an ordinary contract of employment, it said, so was only entitled to a week’s wages.

The ruling

The Court of Appeal overturned the EAT’s ruling. It appeared to the court (although the tribunal would have to consider some additional evidence, it said) that Flett was working under an apprenticeship that could only be ended if he was unable to meet the standard necessary to progress.

Flett v Matheson [2006] EWCA Civ 53 ([2006] EWCA Civ 53)