Does employment law apply to Apprenticeships?

Apprentices has now been incorporated into employment law, this means that apprentices must have an employment contract, although it is a special form of employment contract. It is a contract of training rather than actual employment. The primary purpose of the contract is training, the work that the Apprentice will complete forms a secondary part of the contract, but employment rights will still apply.

The employment contract between an apprentice and employer exist when an employer agrees to teach the apprentice a trade and the apprentice agrees to learn and serve. The contract should contain details relating to what training the apprentice will be undertaking and how this will take place for e.g. college release days etc. The contract should also make clear what is expected of the apprentice, and what will need to be demonstrated in order to pass the scheme. Please note that apprenticeship contracts must be formed in writing, unlike a contract of employment, which can be formed orally.

When training is provided by a third party it is advisable that you set up an agreement that outlines what the apprentice can expect from the training provider. At the very least it should outline what training requirement the third party is responsible for. This will ensure that you don’t leave yourself exposed to claims when the third party does not provide adequate training.

There is an expectation that an apprenticeship contract should also contain basic details of the role, working hours, rate of pay and holiday entitlement as well as any other benefits. It’s important to note that an apprenticeship contract is not a fixed-term contract, even though it is for a limited period. Under the law there are therefore special provisions for ending an apprenticeship contract.

Generally your apprentices should get the same benefits as other employees unless you can otherwise justify not providing such benefits, failure to do so can lead to discrimination claims.

Holidays and working time

Employers are obligated under the Working Time Regulations to provide rest breaks and paid holidays, as well as the usual health and safety obligations that is provided for all staff.

If you are interested in employing an Apprentice, but you’d like more information regarding the process or possible programmes, please contact us by dialling 01923-698430 today. Or alternatively, complete the form below and we will contact you.