ESM2615 - Common Law

»Ê¹ÚÌåÓýappre is no statutory definition of what is meant by a contract of apprenticeship. An apprentice is defined in the Oxford English Dictionary as being:

“one who is bound by legal agreement to serve an employer for a period of years, with a view to learn some handicraft, trade etc., in which the employer is reciprocally bound to instruct him.�

Further guidance on what is meant by a contract of apprenticeship can be found in several cases on the subject.

In Wiltshire Police Authority v. Wynn [1981] QB95, Lord Denning M.R. stated

“If the primary purpose was work for the master � and teaching a trade was only a secondary purpose � it was a contract of service. But if teaching a trade was the primary purpose � and work for the master was only secondary � then it was a contract of apprenticeship.�

In the more recent case of Edmunds v. Lawson and Others [2000] ICR567 concerning a pupil barrister, the Court of Appeal judgment contains more commentary on contracts of apprenticeship. »Ê¹ÚÌåÓýapp Lord Chief Justice stated:

“A contract of apprenticeship or any equivalent contract is in our judgment a synallagmatic contract in which the master undertakes to educate and train the apprentice (or pupil) in the practical and other skills needed to practise a skilled (or learned) profession and the apprentice (or pupil) binds himself to serve and work for the master and comply with all reasonable directions. »Ê¹ÚÌåÓýappse mutual covenants are in our judgment cardinal features of such a relationship.â€�

(synallagmatic � reciprocally binding)

»Ê¹ÚÌåÓýapp judgment contains quotes from earlier cases concerning the meaning of “apprenticeâ€� and the common thread is that an apprentice is one who is bound to serve a master who is bound to teach him.