Apprentices




Apprenticeships are paid jobs incorporating on- and off-the-job training. They are available to anyone over the age of 16 although employers may set different entry requirements depending on the sector and the job. 


There are apprenticeships up to and including post-graduate degree level in around 1,500 occupations across 170 industries, including construction, manufacturing, IT and the creative and digital sectors. There are four different levels: intermediate, advanced, higher and degree. There were over 900,000 funded apprentices in the 2016-17 academic year. 


Here are the key features of apprenticeships:


• a minimum duration of one year (most last between one and four years); 



• all apprentices must sign an Apprenticeship Agreement with the employer before the apprenticeship begins; 


• an apprentice is an employee. They cannot be self-employed, a worker or a volunteer;





• there are minimum working hours;





• there are minimum levels of guided learning hours for on- and off-the-job training (at least 20% of paid hours over the planned length of the apprenticeship must be spent on off-the-job training); and





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





Apprentices aged 16-18 are entitled to the apprentice minimum wage of £3.90 per hour (2019-20). Apprentices aged 19 and over also get the apprenticeship rate but only in the first year of the apprenticeship. After this, they are entitled to the relevant National Minimum Wage for their age band (see Chapter 4). In workplaces where a union is recognised, pay rates are likely to exceed the statutory minimum.


Apprentices must be paid for all normal working hours and for time spent training. 



The Apprenticeship Agreement is an employment contract. It includes details on the duration of the apprenticeship, the training to be provided, the working conditions and the qualifications that are being worked towards, and the skill, trade or occupation for which the apprentice is being trained. Without this agreement, an apprenticeship completion certificate cannot be issued.


Since the Apprenticeship Agreement is an employment contract, apprentices have all the rights and responsibilities of ordinary employees, including in relation to unfair dismissal and redundancy, maternity leave and pay, statutory sick pay, working time rights (see Chapter 4), protection from discrimination (see Chapter 7: Discrimination) and the right to join a union (see Chapter 5). 


Since apprentices with a valid Apprenticeship Agreement are employees, it is possible for an employer to carry out a fair dismissal of an apprentice. However, given that the whole purpose of an apprenticeship arrangement is to provide a transferable qualification at the end of a set term, a fair dismissal is likely to be unusual, unless there is clear evidence of serious misconduct. Even so, apprentices are not exempt from the two-year service requirement for a standard claim for unfair dismissal (see Chapter 10). The position of apprentices in a redundancy situation is explained in Chapter 11, page 406. Apprentices at risk of dismissal or redundancy should contact their union as soon as possible.



Apprentices are specifically excluded from the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 (regulation 20, FTER). 



As well as the Apprenticeship Agreement, employers must sign an apprenticeship commitment statement with the apprentice and the training organisation. It must include the planned content and schedule for training and how to resolve complaints. 


It is an offence to call an arrangement an apprenticeship if it does not meet the statutory requirements (section 25, Enterprise Act 2016). 





There is specific funding available to employers to take on apprentices. In April 2016, Employer National Insurance contributions for apprentices aged under-25 were cut to try to boost the creation of more apprenticeships.




In April 2017, the government introduced its apprenticeship levy to fund new apprenticeships, payable by employers whose payroll exceeds £3 million. The levy led to a sharp fall in the number of apprenticeships. Critics blame complex rules and restrictions in accessing funds, and inflexibility over the organising and funding of off-site training. 



A regulatory body, the Institute for Apprenticeships, is in charge of regulating the quality of apprenticeships and advising on funding bands. Unlike apprenticeship models in other European countries, such as Germany and Norway, there is no provision for union voice on the Institute board.


In 2016, the Maynard Task Force made recommendations to improve access to apprenticeships for people with learning disabilities, including modifying the Maths and English requirements and ensuring that reasonable adjustments are in place (see page 243) and that Access to Work funding is properly understood by apprenticeship providers. The government accepted all the recommendations. 




In 2013, the government introduced Traineeships for people aged 16-24. They are not the same as apprenticeships and can last between six weeks and six months. Traineeships are not jobs, and are exempt from the National Minimum Wage (see Chapter 4). Trainees can continue to be paid benefits such as Job Seekers Allowance. Traineeships must include at least three core components: a work experience placement lasting between 100-240 hours; work preparation training; and English and Maths training for those without GCSE Grade C or above, or equivalent.