SRA Handbook

Termination of a training contract

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Version 1 of the Handbook was published on 16/09/2011. For more information, please click 'History' Above

Regulation 26: Termination of a training contract

26.1

If we are satisfied that any training contract ought to be terminated we may order its termination on such terms as we may determine, whether or not an application is made by either party.

26.2

An application to terminate your training contract may also be made by either party for the following reasons:

(a)

mutual agreement, completing an application to register the transfer or termination of a training contract. The training principal certifies that you have satisfied the period of training, and are of suitable character to become a solicitor, up to that date;

(b)

a cancellation clause, where the training contract is conditional on you passing the CPE and/or the LPC and you do not pass; or

(c)

an application to us by either party arising from training-related problems that cannot be resolved internally.

26.3

Unless there are other justifiable reasons to do so, we will only terminate your training contract if:

(a)

your training contract is conditional on you passing any of the academic stages of qualification or the LPC, and you do not pass;

(b)

your conduct is unacceptable;

(c)

you are incapable of meeting the Practice Skills Standards; or

(d)

the training establishment business closes or changes so much that it is not possible to properly train you.

Guidance note:

(i)

Applications to terminate training contracts are made through our website www.sra.org.uk.

(ii)

We encourage training principals and trainees to resolve issues internally, before approaching us. We are unable to determine employment law matters or to give legal advice upon contractual matters - you should seek independent legal advice.

26.4

If for any reason we are not satisfied that adequate training is being given then we may:

(a)

declare that a training establishment ceases to be such;

(b)

prohibit a training establishment from taking any or more than a specified number of trainee solicitors for such period as we may determine or until otherwise determined by us;

(c)

impose any other conditions upon the training establishment which we consider appropriate;

(d)

terminate the training contract on such terms as we may determine;

(e)

direct that all or any part of the period you have served shall not count as service under a training contract;

(f)

direct that you shall serve such further period under a training contract or receive such further training for such further period and in such form as we require;

(g)

direct that a training principal undertake such training as we require; and/or

(h)

take such other action as we may consider necessary or appropriate.

26.5

If you or your training establishment are aggrieved by any decision made under regulation 26.1 you or your training establishment may apply for review of it within one month of receiving written notification.

26.6

A review under regulation 26.5 shall be heard by such body or committee as we may determine, not being the body or committee which made the decision that is subject to review.