Judging by the phone calls received by the SRA since the start of the recession, there is anxiety among trainees about their contracts and some employers are unsure about their responsibilities. Let me try to shed some light on the matter and explain the extent of our role.

The SRA’s chief concern is the quality of training given to aspirant solicitors. Our standards are designed to ensure that newly qualified solicitors will be capable of providing their clients with a good service and able to satisfy the demands of justice and to uphold the rule of law.

The SRA’s standard training contract is an agreement between an employer and a trainee which aims to ensure that the trainee will serve, and develop, normally over a period of two years, into a fully-fledged solicitor.

When a trainee is employed, there are elements which are to do with training and fall within the SRA’s remit, and others which fall under employment law.

Where there is a problem relating to the employment law elements, the proper solution is for the trainee or employer to refer to employment law and for the dispute to be resolved by an employment tribunal. It would be improper of the SRA to exceed its remit and deal with such issues.

You may have noticed the recent judgment at the Manchester Employment Tribunal (Montgomery v Express Solicitors), which touched on the relationship between a training contract and a contract of employment. It clarifies that, where there is an issue that may result in the termination of employment, the training establishment must obtain the SRA’s approval to terminate the training contract.

We do not consider that the decision in the Montgomery case means that the SRA has to get involved in employment disputes involving the dismissal of a trainee solicitor. Our interest remains solely in the training contract and whether it should be properly terminated.

Termination of contractThe SRA is likely to allow the training contract to be terminated if: the establishment is no longer able to provide the necessary training; the conduct or capability of the trainee means he or she cannot be trained to become fully qualified; or there is a compelling and/or justifiable reason for doing so, which makes continuation of the training contract untenable.

The most alarming prospect facing some trainees is, of course, redundancy. If that happens, both the firm and the trainee should complete a form which confirms the time spent by the trainee at the firm, says whether it was good service, and gives the firm’s confirmation that the trainee is a fit and proper person to continue with his or her training and, on its completion, be admitted to the roll.

If both parties sign the form, it ensures the cancellation process and this will help the trainee to have the time that has already been served recognised, and to be able to register a new training contract when one is found.

It is the trainee’s responsibility to find alternative employment in order to complete his or her training.

If the trainee does not agree to the termination and does not sign the form, the matter is referred to the SRA. An adjudicator will consider the cancellation of the training contract, but not employment law issues.

The position is similar where an offer of a training contract is withdrawn. The offer and acceptance of a training contract is a contractual matter between the employer and the prospective trainee. We recognise the distress it causes when a training contract offer is withdrawn, but again it is outside our remit to force a prospective employer to honour what the prospective trainee sees as a promise. Where the firm proposes to defer a training contract, again the trainee must consider his or her position as a prospective employee.

The SRA is responsible for setting trainees’ minimum salaries. Both the actual amount and our involvement are kept under review.

Finally, I would emphasise that our approach to pre-qualification training is constantly developing. The SRA is currently piloting Work Based Learning with a view to exploring a flexible approach to qualification focused on developing fully competent solicitors. At the same time, measures to further underpin the quality of trainees' development within the training contract are being progressed. The SRA is committed to ensuring that those entering the profession are highly professional and competent, with a clear sense of values and the ability to deliver first-class services to their clients.

The first place to look for guidance on training contracts is www.sra.org.uk and the place to seek advice is our contact centre on 0870 606 2555, or at contactcentre@sra.org.uk. Peter Williamson is chairman of the board of the Solicitors Regulation Authority