We have a TA apprentice level 2 who is coming to the end of their one year course. The school has a vacancy for a TA to cover maternity and want to know if they have to give it to this apprentice. They haven't performed at a great level but will pass the course. They are on a fixed term contract for one year. 

I've not worked with many apprentices before so am unsure of the risk of not keeping them on.



  • i used to deal with an apprenticeship scheme and their contracts stated that we did not guarantee work at the end of the course.
  • " They haven't performed at a great level "

    Why on earth would you?
  • In reply to Keith:

    Best though that the employer liaises with whoever is the learning provider in order to plan and help prepare the apprentice for what's likely to happen upon completion. The apprentice may not be vastly talented, but still deserves decent treatment.
  • In reply to David:

    " still deserves decent treatment"

    As all employees do at all times
  • In reply to Keith:

    As apprentices do especially though and furthermore any competent learning provider should have appropriate procedures for bespoke individual support upon completion which they should bring to the attention of the employer well beforehand.
  • In reply to David:

    Also anyone doing an apprenticeship in a school over the last year has had a far from normal experience. There could be some genuine mitigation here.
  • Hi Steve, if they are on a fixed term contract then there is no obligation to keep them on although growing your own is a great strategy when it works.

    A fair process would be to advertise the job and interview them against other candidates. Even if they didn't get the job it would be good experience for them.
  • In reply to Rita:

    Hi, whilst there is no legal obligation on employers to offer the current post-holder the permanent position if a fixed-term role becomes permanent. However, employers are required, under reg.3 of the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 (SI 2002/2034), to give all fixed-term employees the same opportunity to secure permanent positions in the business as they give to permanent employees.

    Regulation 3 also provides that fixed-term employees have the right to be informed by the employer of available vacancies in the business.

    You can then benchmark the applicant (if they choose to apply) against the recruitment pool.