SRA Handbook

The training contract

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Version 8 of the Handbook was published on 01/10/2013. For more information, please click 'History' Above

Part 5: The training contract

Regulation 18: Purpose of the training contract

18.1

Unless you are exempt under regulations 30 and 32, you cannot be admitted as a solicitor unless we are satisfied that you have received adequate training under a training contract. Provision of training under a training contract must focus on giving experience which will enable you to meet the Practice Skills Standards.

Guidance note:

(i)

We recommend that you also read and become familiar with the requirements of training establishments contained within the SRA Training Regulations Part 2 - Training Provider Regulations.

(ii)

The time you will spend working under the supervision of a solicitor will develop your understanding of legal practice and of the responsibilities you will have when admitted.

(iii)

At your training establishment, there will be a training principal and supervisor. You will need to talk with them to understand how your learning will be structured and supported. Any queries or problems relating to your training should be discussed with your training principal in the first instance.

Regulation 19: Types and terms of training contracts

19.1

There are three types of training contract:

(a)

full-time;

(b)

part-time; and

(c)

part-time study.

19.2

Subject to regulations 21 and 22, and regulation 7 of the SRA Training Regulations Part 2 - Training Provider Regulations, the time to be served under a training contract is two years. The training contract may be extended if additional time is needed to:

(a)

meet the Practice Skills Standards;

(b)

satisfactorily complete any outstanding qualifications; and/or

(c)

make up for time not served in the capacity of a trainee solicitor in excess of the allowances made in regulation 13 of the SRA Training Regulations Part 2 - Training Provider Regulations due to authorised absence of four months or over.

Guidance note:

(i)

Regulation 7 of the SRA Training Regulations Part 2 - Training Provider Regulations allows a training principal to recognise previous experience that is equivalent to a period of service under a training contract and reduce the term accordingly.

Regulation 20: Full-time training contract

20.1

The full-time training contract must only be commenced if:

(a)

you have satisfactorily completed the LPC;

(b)

you will be working full-time; and

(c)

we are satisfied that adequate training can be given.

Guidance note:

(i)

Where you have passed Stage 1 of the LPC, and have taken the examinations in relation to Stage 2 but have not yet received the results, it is not a breach of regulation 20 for you to commence a training contract and for that training contract to be registered. In such a case:

(a)

obtaining the results of Stage 2 and passing is a condition of completing your training contract;

(b)

if you fail to pass any Stage 2 assessment, re-assessment during the period of your training contract may take place in line with the assessment requirements in the SRA's Information for providers of Legal Practice Courses, but it is open to your training establishment to submit an application to us to terminate your training contract;

(c)

should you not pass Stage 2 before the end of your training contract, your training establishment will apply to us for termination of your training contract.

Regulation 21: Part-time training contract

21.1

The part-time training contract must only be commenced if:

(a)

you have satisfactorily completed the LPC;

(b)

you will be working part-time;

(c)

you will be working no less than two and a half days per week (or the equivalent), therefore the total time spent training will not exceed four years;

(d)

the total period of service is no less than would be served if you were in full-time employment and receiving training under a two year full-time training contract; and

(e)

we are satisfied that adequate training can be given.

Guidance note:

(i)

The guidance note that appears below regulation 20 is also applicable to part-time training contracts.

(ii)

The total length of time spent in the part-time training contract depends on the usual number of days and hours you work each week (not including overtime or weekend work). The full-time training contract, if you were to work five days per week, seven hours per day, is for two years (or 730 days). For example, if you work:

(a)

two and a half days per week, the period is four years (1,460 days)

(b)

three days per week, the period is three years and four months (1,216 days)

(c)

four days per week, the period is two years and six months (913 days).

(iii)

The above examples are based around working seven hours per day. If you work five days per week but at reduced hours, your total time spent training will be calculated accordingly.

Regulation 22: Part-time study training contract

22.1

The part-time study training contract can only be commenced if:

(a)

you follow an LPC or an Integrated Course, or a course leading to a CPE, QLD, Exempting Law Degree, or Diploma in Law on a part-time basis;

(b)

you are serving as a trainee on a full-time basis at the same time as studying;

(c)

the total period of service is no less than would be served if you were in full-time employment and receiving training under a two year full-time training contract; and

(d)

we are satisfied that adequate training can be given.

22.2

The following conditions apply to part-time study training contracts:

(a)

if you fail the LPC whilst serving under a part-time study training contract, you will not be allowed to qualify until you have satisfactorily completed both stages of the LPC within any time limit we may specify for the course;

(b)

they usually run for two calendar years from the start of the course, and count as one year towards the training contract. Training contracts that start after commencement of the course will run from that date until the date that is two calendar years after the course commencement date;

(c)

the training is counted at half-equivalence.

Guidance note:

(i)

On a part-time study training contract, the study is the only element that can be part-time.

(ii)

The part-time study training contract normally lasts between three and four years.

(iii)

You can work and, at the same time, study:

(a)

the last two years of a part-time QLD;

(b)

the part-time CPE; or

(c)

the part-time LPC.

(iv)

A part-time study training contract is normally for two calendar years from the start date of the part-time course. However, you may commence a part-time study training contract part way through a course.

(v)

The options for part-time study training contracts are as follows:

(a)

the final two years of a part-time QLD followed by a two-year part-time LPC;

(b)

a two-year part-time CPE or Diploma in Law followed by a two-year part-time LPC; or

(c)

a two-year part-time LPC followed by one year in a full-time training contract.

(vi)

It is also possible to undertake a part-time study training contract during a part-time LPC and then do a part-time training contract.

(vii)

If you complete the training contract before you have satisfied the study element, you will be able to extend the term of the training contract in order to do so.

(viii)

The part-time study training contract may also be used where an LPC student has resits to complete within the allowed five year period.

Regulation 23: Registration of a training contract

23.1

The training principal and you must sign the training contract within three months of the date that you start work in the capacity of a trainee. Your training establishment must register the training contract with us within one month of it being signed.

23.2

You must ensure that you have received confirmation from us that it has been registered.

23.3

The training contract cannot be amended without our prior approval.

Guidance note:

(i)

Failure to register the training contract could mean that not all of the time will count, and your admission to the roll could be delayed.

(ii)

In accordance with regulation 6.1(g) of the SRA Training Regulations Part 2 - Training Provider Regulations, we will not register a training contract if you are paid a salary less than our prescribed minimum, which we review each year and may change. We will allow the cash value of benefits against the minimum salary.

Regulation 24: Duties under the training contract

24.1

You must keep a training contract record, detailing the work you have done, the skills you have gained and what you have learnt.

Regulation 25: Absences from work during a training contract

25.1

During the period of your training contract you are entitled to have absences from work for:

(a)

attendance at all required elements of a PSC;

(b)

annual leave in accordance with the Working Time Regulations;

(c)

training with the reserve forces;

(d)

up to 20 days of uncertified sick leave; and

(e)

any other reason required by law.

25.2

Your training contract will have to be extended with the training establishment's consent if you are absent from work for a total of over four months during the term of your training contract.

Guidance note:

(i)

Your  training establishment will need to apply to us for such an extension.

(ii)

For the purpose of regulation 25.1(e), 'any other reason required by law' includes, but is not limited to:

(a)

long term illness;

(b)

maternity leave;

(c)

paternity leave; or

(d)

unpaid leave.

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.

Regulation 27: Conciliation procedure

27.1

If you or your training establishment is in dispute about any matter arising from your service under a training contract, either party may refer the matter to us and we shall endeavour to resolve the dispute.

27.2

We may appoint any person to act as conciliator in respect of a dispute between you and your training establishment.

27.3

If we are unable to resolve a dispute between you and your training establishment and we are satisfied that the training contract ought to be terminated, we may order its termination on such terms as we may determine.

27.4

If you or your training establishment are aggrieved by any decision made under regulation 27.3, you may apply for review of it in accordance with regulations 26.5 and 26.6.

Guidance note:

(i)

We are unable to determine employment law matters or to give legal advice upon contractual matters. You are advised to seek independent legal advice.

(ii)

When a training contract is terminated in accordance with regulation 26, the contract of employment will also fall away. There is no duality of contracts, despite the fact that several pieces of contractual documentation may exist.

Regulation 28: Adequate training under a training contract

28.1

If you are required to serve under a training contract, you will only be admitted when we are satisfied that you have received adequate training in accordance with the terms of a training contract.

28.2

Your  training establishment must certify to us that they are satisfied that adequate training has been given and must submit such documentation as we may require.

28.3

If we are satisfied that you:

(a)

have received adequate training; and

(b)

are of the proper character and suitability;

then we will issue a certificate of satisfaction.

28.4

If we are not satisfied that you have received adequate training we may refuse to complete the admissions process until you have satisfactorily completed such further training as we may direct.

Guidance note:

(i)

Any previous experience recognised by your training establishment to reduce the term of your training contract can count towards these requirements.