Common issues during a training contract

Problems during a training contract are not uncommon, we are often contacted by clients who encounter problems during their training contract. Often there is a certain amount of ignorance as to what obligations trainees and firms have towards each other. The current training regulations and the Law Society's guide "Training Trainee Solicitors" should be made available to every trainee, a copy is usually available in every authorised firm.

Stress

Particularly as a result of workload, lack of supervision, harassment and bullying:
Make sure that your training principal is aware of the situation. If you are unable to approach your training principal, or your training principal is the problem, try to approach other solicitors in the firm if at all possible. Try talking to other trainees at the firm to see if they are experiencing similar problems. Make sure that you keep a record of all work undertaken in addition to appraisal records. If you are worried about getting tongue tied when talking to your training principal and or supervisor, it might be an idea to write down specific situations which you have been in, for your reference and to illustrate the difficulties you are facing.

Contact the Law Society’s Education and Training Department to find out about your specific options and clarification of the training contract regulations. The Law Society is able to provide a mediation service between employees and employers. In addition a monitoring scheme is in operation and subject to your willingness, the Law Society may instigate a monitoring visit. A firm that receives a visit from a monitor will not necessarily have had a complaint made against them, it could be a random visit. Firms will receive notice of a monitoring visit, asked to complete a questionnaire and then interviewed during the visit. The entire process is entirely confidential and if a complaint is made the trainees name will not be disclosed. The firm will not be told that they have had a complaint or who made it.

Consider taking out an internal grievance and complaint to the firm’s human resources officer, the managing partner, or another partner. The scope for such processes will be limited if your firm is very small however. Depending upon how extreme the treatment has been, you could consider making a complaint to the Solicitors regulation authority. This is an extremely serious step to take and involves raising an allegation that this person is not fit to be a solicitor. If you have tried all of the above and you don’t want to instigate monitoring / a formal complaint and you feel that you are in an unbearable situation, remember to try and keep things in context and that no job is worth risking your health for.

Transfer or Termination of Training Contract

Trainees often find that due to personal circumstances or due to the inadequacy of the training provided by their current employers, that transferring or terminating their training contract is the only option.

A training contract may normally only be terminated by one of three ways:
i. By mutual consent of both parties
ii. By operation of a cancellation clause in the employment contract with regard to the conditional passing of exams
iii. By application to the Law Society by either party.

Should the firm wish to claw back any LPC funding provided to you, you must refer to your individual employment contract to ascertain your position (Bearing in mind that any derogation from the Law Society model training contract must be notified and approved by the Law Society).
If you are dismissed from your training contract, you may be able to claim unfair dismissal. If you are considering transferring your training contract, please note that an application to the Law Society will be required. This application will require you to set down those reasons for transfer and will involve an adjudicator of the Law Society dealing with the application. If your current firm is unable to provide you with appropriate experience in three areas of law, the firm is obliged to arrange a secondment for you to ensure that you receive adequate training during your training contract. Please check with the Law Society for further details as to the operation of secondments.

PSC Payment

Your firm is obliged to pay for the professional skills course, in addition they are also obliged to permit you to have paid leave to attend the course and any reasonable expenses in connection with attending the course.

Pregnancy

Some trainees have been faced with the predicament of becoming pregnant during their training contract. If this is the case make sure that you keep good records of any comments made to you in respect of your work and future prospects at the firm. If there is a sudden change in attitude towards taking you on, these records will prove useful in any subsequent claim. Please note that you are entitled to four months maternity or sick leave during your training contract – if you take any longer off work for the aforementioned reasons then the training contract will need to be extended by the equivalent amount of time.

Summary

We are unable to advise you as to your employment rights specifically, we advise that you approach an employment law specialist if you are in any doubt as to your rights. Please note that the Law Society continually updates its rules and regulations and we ask that you seek verification in all instances. We should also stress that while difficulties do occur the majority of trainees encounter no problems. It is important to note that a training contract is last stage to becoming a solicitor and it is designed to be an enjoyable and progressive experience.