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Apprenticeships


An apprenticeship is an opportunity to gain skills and work experience while studying towards a recognised qualification.

An apprenticeship is an opportunity to gain skills and work experience while studying towards a recognised qualification. As an apprentice, you will generally be classed as an employee which means you will be entitled to the same rights and benefits that employees receive.


If you have any concerns that you are not receiving the same treatment as an employee or difficulties have arisen with your employer, it is advisable to seek legal advice. This includes if you have been dismissed and you do not believe that it was fair or you do not feel that the proper procedure was followed.


At Springhouse Solicitors we can advise you on your rights and the best course of action if you believe you have been treated unfairly.


Do apprentices have contracts?

An apprentice will generally have either an apprenticeship contract or an apprenticeship agreement.


Apprenticeship contract

An apprenticeship contract entitles the apprentice to the same rights as employees. They also have better protection against dismissal than an employee as they may be able to claim the cost of training, loss of earnings, future loss of earnings and damage to their career.


With this type of apprenticeship, training is the main focus, while the work is considered of secondary importance.


Approved English Apprenticeship Agreement

Approved English Apprenticeship Agreements comply with government conditions and must be approved by the Secretary of State. The agreement is a contract of service, which provides only statutory employment protection.


Under an apprenticeship agreement, work is the main focus, although you should spend at least 20 per cent of your time in education or training.


Do apprentices have employment rights?

Apprentices are generally classed as employees which means you are entitled to a number of employment rights. This includes the National Minimum Wage for apprentices, 20 days of paid holiday per year, a contract of employment or training contract, rest breaks, the right to safe working conditions and the right not to be discriminated against.


If other employees receive benefits over and above the legal minimum, you should also receive these as an apprentice if you have an apprenticeship contract. This could include child care vouchers, extra paid holiday and extra sick pay.


Enhanced rights

If you have an apprenticeship contract (as opposed to an Approved English Apprenticeship Agreement), you are also entitled to a number of enhanced rights. These are rights which extend beyond the rights that the employees have.


You cannot necessarily be dismissed for misconduct or a breach of your contract as your rights are greater than those for other employees. You can only generally be dismissed if your misconduct is severe, such as repeatedly ignoring instructions or behaving in such a way that you cannot be trained in the job and so are considered to be wholly unteachable. If you are dismissed for a lesser reason, you may be entitled to bring a claim for damages for unfair dismissal.


You cannot be made redundant if you are working under an apprenticeship contract.

If you are unfairly dismissed, you can claim enhanced damages which could include payment for the remainder of apprenticeship period and loss of career prospects.


Need advice? Get in touch with one of unfair dismissal solicitors today.


How to end an apprenticeship contract

Your contract will state how you can end your apprenticeship if you want to and it is important to follow this procedure to avoid breaching the contract terms. You will be required to give a specified amount of notice to your employer. They are not entitled to ask you to pay back any money for training.


You will need to consider what will happen about your studying. You may be able to continue with this for a short period with a view to moving to a new apprenticeship and your education provider will be able to provide details of their requirements.


Your employer cannot generally end the apprenticeship contract on the grounds of your conduct, unless it is considered severe misconduct, or by reason of redundancy. You could agree with your employer to leave by mutual consent if you no longer want to continue, but you must make sure that you are not being pushed into this against your will as this is a breach of your rights.


How our employment law specialists can help

At Springhouse Solicitors we deal only with employment law meaning we have genuine expertise. Our team have dealt with all aspects of apprenticeships and will be happy to advise you and discuss your options if you are experiencing difficulties.


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