Apprentices

In general, apprentices should not be selected for redundancy unless the business, or the part of the business where the apprentice is working, is closing down. This is because the whole object of an apprenticeship is to provide on-the-job training working towards a transferable qualification. An apprentice who is worried about redundancy should contact their union as soon as possible. Additional funding is sometimes available through the relevant Skills Funding Agency.

The rules on apprenticeships have undergone significant change in recent years. All apprenticeships must now take the form of an Apprenticeship Agreement (see page 44). All apprentices who have signed a valid Apprenticeship Agreement are employees, with statutory protection from unfair dismissal and redundancy. Where apprentices under an Apprenticeship Agreement are made redundant, the completion of the apprenticeship is regulated by a statutory regime called the “alternative completion conditions” (Apprentices (Alternative English Completion Conditions) Regulations 2012).

In summary, these rules allow an apprentice who is made redundant with less than six months of the apprenticeship left to run to complete their apprenticeship without being employed under an Apprenticeship Agreement (see page 44).

Where an apprentice faces redundancy with more than six months left to run, the apprenticeship provider must try to find another employer willing to continue the apprenticeship. A trade union may be able to help. If this is not possible, the provider may be able to:

• agree a formal break in learning while a new employer is found; or

• transfer the learner to a different apprenticeship programme.

The regulations apply in England. The position is different in Scotland, Wales and Northern Ireland.

For more information, see the website of the National Apprenticeships Service, part of the Skills Funding Agency at www.apprenticeships.org.uk