Apprenticeship Week: What are your legal rights as an Apprentice?

This article provides an overview of the legal entitlements of apprentices and the obligations of employers toward them. It is important for employers to recognise that apprentices are regarded as employees and, as such, are entitled to the same rights as all other employees.

There are, however, certain aspects of their employment that may differ, which we will explore in this article. Understanding these rights is beneficial for both apprentices and employers, as it ensures a focus on learning and maximises the apprenticeship experience.

It is important to know apprentices and employers to know the rights apprentices hold, as this will enable them to focus on their learning and make the most of their apprenticeship!

Apprentice Rights

Apprentices are entitled to: -

• An Apprenticeship Agreement;
• A minimum of 20 days paid leave each year, in addition to bank holidays;
• Full time apprentices will work at least 30 hours each week;
• Sick pay in line with what is offered to other employees;
• A safe working environment;
• Equal access to benefits afforded to other employees.

Employer Duties

• Employers must provide their Apprentice with an Apprenticeship Agreement. Having a well drafted Apprenticeship Agreement can be highly beneficial to Employers; the inclusion of well-crafted clawback provision can assist in protecting the assets you have invested in training an apprentice.
• Employers must afford apprentices the opportunities and benefits which are given to all other employees.
• Employers must allow apprentices to carry out their training during working hours.
• Ensure that there is an Apprenticeship Framework in place, as this will form part of the Apprentice’s Contract and will detail the qualifications they are working towards.

Apprenticeship Agreement

This document is the equivalent of a Contract of Employment, and employers are required to provide this by Law. The Agreement will be signed by both parties once the apprentice had a chance to review the terms.

It will set out the terms of the Apprenticeship, detailing the following:

• Employment term
• Training which will be provided
• Working conditions (pay, holiday, working hours and any benefits or support which you may be afforded)
• The apprenticeship framework or standard which the Apprentice will be working towards

Apprentices will also be provided with a ‘Commitment Statement’ which will be signed by the employer, the training provider and Apprentice. It will set out the schedule for training, the qualifications which will be awarded if once training has been completed, what is expected from all parties and the process for raising complaints.

Pay

Pay has been briefly mentioned above, but we will set out the pay levels for Apprentices in more detail below: -

To be paid in line with the above figures, apprentices must be working towards an ‘Approved Apprenticeship’ and training must last over 12 months.

Apprentices must be paid for any time spent training or studying for their apprenticeship, and they must be allowed time off during their working week in order to complete their training in line with the terms set out in their Apprenticeship Agreement.

Training

As mentioned above in the ‘Employee Rights’ section, Apprentices will be required to work at least 30 hours a week. However, at least 20% of their working week must be dedicated to training or studying.

An essential part of an Apprenticeship is the training which is undertaken; this will teach skills and increase knowledge, enabling Apprentices to build a successful career in the industry. 

Training can take many forms, such as attending college or university, undertaking online course, studying by themselves or working with a mentor in the workplace.

However, it must be noted that only training which helps to progress learning or skills which are required for your career will count towards training.

Examples of what counts towards training

- Day release for college/university 
- Work based learning
- Training courses 

Examples of what does not counts towards training

- Exams/assessments
- Travelling to and from college/university
- Team meetings

Dismissal

When it comes to dismissal, Apprentices have the same rights which are afforded to the other employees within the organisation, and Apprentices also have legal rights which are applicable to all employees.

For example, if an Apprentice is being made redundant, the employer should follow the same procedure it has in place when making any employee redundant.

Partner of Training and Head of Family Law at Lamb Brooks, Rob Parker says, “Here at Lamb Brooks, we believe it is extremely important to nurture and support our staff by helping them build their career. We do this by mentoring talent with expert training to ensure their career needs are met.”

Our Employment Law Team has a wealth of experience advising employers and employees on Apprenticeships. If you are a business facing a potential claim or an employee being treated unfairly, give Nour Belal and her employment team a call on 01256 844888 or email them via our inquiry form on our website.