Key Points: Employing Apprentices in England

If you are considering employing apprentices in your workplace, you should mind your obligations towards them. These obligations differ slightly from employees and other workers. This article will explain what you, as an employer, need to know about apprentices in the workplace in England. It will explain, for example, what an apprentice is and how much you should pay an apprentice.

What is an Apprentice?

An apprentice is an employee aged 16 or over who works for while also studying. Typically, their apprenticeship placement lasts between one to six years. Your current employees can be apprentices as well as new employees you employ. Apprentices work at least 30 hours per week. If they work less than this, you should extend the length of their programme. 

It is a common misconception that apprentices are those who have recently left school. In fact, an apprentice can be of any age, such as an older individual undertaking a career change. 

When you have an apprentice working in your business, they will:

• work closely with your staff who have the relevant experience in the skills they wish to gain;
• learn skills which they require for your business; and 
• have at least 20% of a typical working week set aside to train or study.

How Much Should Apprentices Be Paid?

When employing an apprentice, you must pay them at least the National Minimum Wage. The minimum wage rate changes annually in April, so you must keep up to date with it. The current rate for apprentices is as follows:

 Apprentice age and year of apprenticeship                        National Minimum Wage

As an employer of an apprentice employee, you may also have to pay 5% of their training and assessment costs. However, this depends on the size of your business and how old your apprentice is.

What Are an Employer’s Responsibilities When Employing Apprentices?

When you employ an apprentice, you must remember that you are responsible for their training. After signing your apprenticeship agreement and your apprenticeship commitment statement, which you will receive from their learning and tanning provider, you must:

• provide a safe working environment;
• give them an induction about your policies and procedures;
• provide developing opportunities in terms of technical skills;
• allow for the 20% work time for training; and 
• provide support and training at work to help them succeed.

What Type of Contract Do Apprentices Have?

When you employ an apprentice in your business, you will have a contractual agreement with them. This law now refers to this contract as a contract of service, though it used to call it a contract of apprenticeship. This contract is essentially the same as a normal employment contract. It should detail, for example, their:

• pay;
• working hours; and
• holidays.

The contract of service grants apprentices the same rights as other employees. This includes the right to:

• maternity/paternity leave and pay;
• adoption leave and pay;
• statutory sick pay.

Key Takeaways

When employing apprentices, there are many key points to consider and understand as an employer. You must understand these as part of your legal obligations. For example, you have additional responsibilities, such as providing your apprentices with adequate training. The terms of your relationship are governed by a contract of service, similar to an employment contract. 

If you need help understanding what you need to know about apprentices in the workplace in England, our experienced employment lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents for a low monthly fee. So call us today on 0808 196 8584 or visit our membership page.

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