Mr B Broomfield v DPA Fletcher (Builders) Limited AT A PRELIMINARY HEARING — 2020

At a preliminary hearing on 20 November 2020, Employment Judge Lancaster considered the single issue in the case: whether Mr B Broomfield was working under a common law apprenticeship or a statutory apprenticeship. The claim was for damages for loss of earnings after the employment relationship ended in April 2020 and before the end of the alleged two-year apprenticeship term in September 2021. The tribunal recorded that there were no outstanding money claims for sums allegedly owing up to the date of termination.

The claimant relied on a term in the Order Form stating that the employer did not have the right to terminate the agreement early for convenience. The tribunal held that the agreement containing that wording was between the Leeds College of Building and the respondent, not between Mr Broomfield and the respondent, so he could not rely on it. The tribunal also said that the wording did not mean that the claimant's own employment contract could not be terminated early.

The tribunal found that the arrangement was a statutory apprenticeship. It referred to the Apprenticeships, Skills, Children and Learning Act 2009 and said that such an apprenticeship has the status of a contract of service and is to be treated as not being a contract of apprenticeship. On that basis, the contract could be terminated on proper notice, which in this case was done on the grounds of redundancy.

The tribunal concluded that the claim was based on a misunderstanding of the document relied on and had no reasonable prospect of success, so it was struck out. The final hearing listed for 18 January 2021 was cancelled.