The Employment Appeal tribunal ("EAT") has held by a majority that an employment tribunal did not have jurisdiction to hear an unfair dismissal claim from a former apprentice who was sponsored by the company (to which he had formerly been apprenticed) to undertake a university degree. The EAT held that there was no dismissal when the sponsor refused him full time employment following his withdrawal from the degree. The former apprentice had a training contract with the sponsor and was not employed under a contract of employment.

The case highlights that the fact that a student works for a sponsor during their studies, and may work for it afterwards, does not create a continuing employment relationship where the primary purpose of the arrangement is training and not employment. (GE Caledonian Ltd v McCandliss UKEATS/0069/10.)