Are you looking to hire an apprentice? For many founders, taking on an apprentice can alleviate some of the day to day pressures of running a business. Plus, you can contribute to the development of a potential future employee, without the costly commitment of hiring someone on a higher wage full-time.
Yet, business owners shouldn’t underestimate the legalities that come with hiring an apprentice.
In this article, Alan Price, HR director at Peninsula, looks at what should be included in the documentation for an apprentice, what rights apprentices have and what they should be paid.
Apprenticeships are for people 16 or over, living in the UK and not enrolled in full time education. They must be paid at least the National Minimum Wage relating to their age, and employers are encouraged to pay the Living Wage.
There are various levels of apprenticeships:
Employers in England, Wales and Northern Ireland should provide apprentices with an 'apprenticeship agreement' as their contract of employment. This legally binding contract will detail the rules and rights between the apprentice and the employer.
Depending on which area of the UK you are based, apprenticeship agreements must follow the standards set by each apprenticeship body.
For more information, follow the links below:
Employers in Scotland cannot use apprenticeship agreements – instead, they’re known as a ‘training agreement’. In Scotland, employers must follow the standards set by Apprenticeships.scot.
An apprenticeship agreement must contain certain pieces of information to be deemed a valid agreement. These are:
For more information on what must be included in an apprenticeship agreement, Gov.uk provides some useful information, as well as an apprenticeship agreement template.
Where disciplinary offences are concerned, a couple of instances of lateness or a missed day at college could be a sound reason for dismissal in the early stages of employment. All policies and procedures, and sanctions upon discovering a breach of such, can be applied to an apprentice on an apprenticeship agreement.
Apprentices in Scotland and Northern Ireland must be treated differently. Their contracts of apprenticeship do not allow for the apprentice to be treated on a par with 'normal' employees and therefore normal disciplinary and capability procedures cannot be applied.
Instead, the focus of the contract of apprenticeship is the learning and not the work. Therefore, employers must be prepared to put up with a lot more from apprentices engaged in this way, and must communicate with the learning provider should any problems arise.
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Yet, business owners shouldn’t underestimate the legalities that come with hiring an apprentice.
In this article, Alan Price, HR director at Peninsula, looks at what should be included in the documentation for an apprentice, what rights apprentices have and what they should be paid.
What is an apprenticeship?
Apprenticeships effectively allow individuals to learn on the job. Typically, training will be provided whilst at work, and study time will be allocated to work towards the qualification. At least 20% (or one day) of an apprentice’s working week must be dedicated to study.Apprenticeships are for people 16 or over, living in the UK and not enrolled in full time education. They must be paid at least the National Minimum Wage relating to their age, and employers are encouraged to pay the Living Wage.
There are various levels of apprenticeships:
- Level 2 equates to an intermediate qualification, equivalent to a GCSE
- Level 3 is an advanced qualification, equivalent to A level
- Higher and degree level qualifications can also be undertaken, going up to level 7
What should be included in the documentation for an apprentice?
Employers should provide apprentices with a legally binding contract. Contracts will differ slightly depending on if you are based in England, Wales, Scotland or Northern Ireland.Employers in England, Wales and Northern Ireland should provide apprentices with an 'apprenticeship agreement' as their contract of employment. This legally binding contract will detail the rules and rights between the apprentice and the employer.
Depending on which area of the UK you are based, apprenticeship agreements must follow the standards set by each apprenticeship body.
For more information, follow the links below:
Employers in Scotland cannot use apprenticeship agreements – instead, they’re known as a ‘training agreement’. In Scotland, employers must follow the standards set by Apprenticeships.scot.
An apprenticeship agreement must contain certain pieces of information to be deemed a valid agreement. These are:
- A statement of the skill, trade or occupation that the individual is receiving training in
- The name of the apprenticeship they’re working on
- The start and end date of the apprenticeship programme
- Details of the relevant qualifying apprenticeship framework
- The amount of training you’ll agree to provide them
- A statement to the effect that the agreement is governed by the law
For more information on what must be included in an apprenticeship agreement, Gov.uk provides some useful information, as well as an apprenticeship agreement template.
Training plans for an apprentice
England and Wales are also required to sign a training plan with the apprentice and training provider which must include:- The training schedule and content
- Expectations of the employer, training provider and apprentice
- How questions, complaints or queries can be resolved
Apprenticeship employment law
Although it may seem to oppose the whole point of an apprenticeship, the realities of employment law mean that an apprentice can be dismissed for substandard performance even early on. Probationary periods can also be applied.Where disciplinary offences are concerned, a couple of instances of lateness or a missed day at college could be a sound reason for dismissal in the early stages of employment. All policies and procedures, and sanctions upon discovering a breach of such, can be applied to an apprentice on an apprenticeship agreement.
Apprentices in Scotland and Northern Ireland must be treated differently. Their contracts of apprenticeship do not allow for the apprentice to be treated on a par with 'normal' employees and therefore normal disciplinary and capability procedures cannot be applied.
Instead, the focus of the contract of apprenticeship is the learning and not the work. Therefore, employers must be prepared to put up with a lot more from apprentices engaged in this way, and must communicate with the learning provider should any problems arise.
Are you looking for more from UKBF? Utilise exclusive benefits including premium forums, partner offers and member-only content by upgrading your account to a Business Membership today.
