Whitely v Marton Electrical Ltd

The facts

Mr Whitely was engaged by Marton Electrical on 25 October 1999 under a "modern apprenticeship pact", a standard-form agreement promoted by national training organisations. Under the pact, the apprentice agreed to "be an employee of the employer and comply with the employer's terms and conditions of employment for the duration of the apprenticeship training plan." The employers, in turn, agreed to "employ the apprentice for the duration of the training plan."

It was expected that Mr Whitely's apprenticeship would be completed in October 2004.