Apprentices

An employer takes on an apprentice to provide that person with the training and work experience necessary to qualify in a particular trade.

Much has changed in apprenticeship regulation in recent years. The Apprenticeship, Skills, Children and Learning Act 2009 (ASCL 09) has created a new framework for apprenticeships. Key aspects of the framework include:

• a minimum duration: all apprenticeships must last a minimum of a year, and for those aged 19 or over, apprenticeships must last between one and four years;

• all apprentices must now be employees under an Apprenticeship Agreement. An apprentice cannot be self-employed, a worker or a volunteer;

• minimum working hours;

• minimum levels of guided learning hours for on and off the job training; and

• minimum requirements for skills training, including in English and Maths.

The ACSL 09 requires all of the content of the apprenticeship to be delivered within the contracted hours under the employment contract. In other words, training time for off-the-job learning must be paid. For information on minimum rates of pay for an apprentice, see Chapter 4: Rights to pay and terms.

The Apprenticeships (Form of Apprenticeship) Regulations 2012 (AFAR 12) require all new apprenticeship agreements to take the form of a written statement of particulars of employment or a contract of employment, which must include a statement of the skill, trade or occupation for which the apprentice is being trained.

An apprentice cannot be dismissed for redundancy unless the business is closing down. It is also very difficult for an employer to dismiss an apprentice for capability or misconduct. This is because the basic premise of the arrangement is that the apprentice will receive a period of on-the-job training leading to a transferable qualification, in return for a lower rate of pay. An apprentice who is dismissed prematurely may have a contract claim for damages for loss of training and status as well as loss of earnings for the remainder of the apprenticeship (Dunk v George Waller & Son Limited [1970] 2 QB 163).

Just because an employer describes a contract as one of “apprenticeship”, or refers to the employee as an apprentice, this will not make the relationship one of apprenticeship (Chassis & Cab Specialists Ltd v Lee UKEAT/0268/10). In any event, all new apprenticeship agreements must now satisfy the requirements of the AFAR 12.

Apprentices have a right to at least minimum statutory employment terms, including statutory sick pay, statutory holiday pay and rest breaks under the Working Time Regulations. Apprentices have the right not to be unlawfully discriminated against (see Chapter 6: Discrimination).

There are specific grants and funding available to employers to take on apprentices. More information can be found on the website: www.apprenticeships.org.uk.