• Facebook
  • Twitter
  • LinkedIn
Call us now: 01243 836 840   [email protected]
Pure Employment Law
  • Who We Are
    • Nicola Brown
    • Peter Stevens
    • Elena Elsam
    • David Jones
    • Linda Nye
    • Brenda Cherry
  • For Employers
    • Advice on HR and People issues
    • Investigations, Hearings and Appeals
    • Restructuring and Redundancy
    • Defending Employment Tribunal Claims
    • Dismissal of Senior Executives
    • Contracts, Handbooks and Policies
    • Employment Law Training
  • For Employees
    • Settlement Agreements
    • Workplace Issues including Disciplinary and Grievance
    • Bringing an Employment Tribunal Claim
  • Employment Law Events
  • Legal Updates
  • Testimonials
  • Vacancies
  • Contact us
  • Search
  • Menu Menu

You’re (not) fired! Apprentices have greater protection than employees – for now

28th February 2012/in News /by Nicola Brown

With so many people currently unemployed, the Government are very keen to encourage businesses to take on apprentices. However, many employers are unaware that apprentices currently have significantly greater protection than employees, and it does not require a qualifying period. This is because apprenticeships are considered different from employment contracts in law – their primary purpose is one of training, not of employment.

Apprenticeships are usually for a fixed term (usually either a set period of time or until the apprentice fulfils a particular qualification). That fixed term cannot usually be terminated early, and if it is terminated by the employer, then the apprentice may be entitled to compensation for loss of wages, loss of training and loss of status. The compensation for these claims could potentially be greater than for unfair dismissal (and as stated above, there is no qualifying period). However, the apprentice could claim the best of both worlds – they may have employment rights as well as their protection as an apprentice.

The difference in status also means that businesses should not just use their normal contract of employment for apprentices. Often an apprenticeship will actually be a three way agreement between the apprentice, the employer and the training provider. Depending on the training provider, they may have certain clauses (e.g. an “individual learner plan”) which need to be included in order for the arrangement to qualify for funding. For example, the training provider will expect the business to pay for the training, and will expect the apprentice to attend on time for the allotted sessions and to work to the best of their ability.

One attraction of an apprenticeship for many businesses is that for the first year of the apprenticeship (and/or if the apprentice is under 19) you can pay the National Minimum Wage (NMW) at apprenticeship rates – currently £2.60 per hour. However, this is another reason why the documentation for an apprenticeship needs to be carefully considered – if you give your apprentice your standard contract of employment (for example), then you may be undermining your argument that they are an apprentice for NMW purposes.

The law on apprenticeships is changing, and the Apprentices, Skills, Children and Learning Act 2009 contains provisions regarding a new apprenticeship structure. When the Act first received Royal Assent it was due to come into force in 2013. However, the Department for Business, Innovation and Skills have recently confirmed that from April 2012 they ‘anticipate’ that new regulations will be in force, containing in particular a specified form of apprenticeship agreement. We will provide further information on this as soon as it is available.

Do you have issues with an apprentice? Have you documented your apprenticeships properly? For advice on this or any other aspect of employment law, please contact any member of the Pure Employment Law team (01243 836840 or [email protected])

Share this article
  • Share on Facebook
  • Share on Twitter
  • Share on WhatsApp
  • Share on LinkedIn
  • Share on Reddit
  • Share by Mail
https://www.pureemploymentlaw.co.uk/wp-content/uploads/2019/02/Pure-Employment-Law-logo.jpg 0 0 Nicola Brown https://www.pureemploymentlaw.co.uk/wp-content/uploads/2019/02/Pure-Employment-Law-logo.jpg Nicola Brown2012-02-28 09:30:122014-12-03 15:55:54You’re (not) fired! Apprentices have greater protection than employees – for now

Join our mailing list

* = required field
Mailing Lists


Recent Legal Updates

  • What to expect during 2021 – employment law developments 21st January 2021
  • Did “office banter” about an employee’s memory amount to age discrimination? 21st January 2021
  • Update on Furlough 20th January 2021
  • Restricting Restrictive Covenants? 20th January 2021
  • Q&A: What to expect from a remote Tribunal hearing 20th January 2021
Link to: Contact Us

Any questions? Why not get in touch!

Our advice is always given in plain English without any waffle, and we focus on providing practical solutions to our clients’ problems.

Contact us

LEGAL INFORMATION

Pure Employment Law | 1 Little London, Chichester, West Sussex, PO19 1PH
[email protected] | Tel: 01243 836840

Pure Employment Law is the trading name of Pure Employment Law Limited, registered in England and Wales with company number 07134294 and whose registered office is 1 Little London, Chichester, West Sussex, PO19 1PH. Pure Employment Law Limited is authorised and regulated by the Solicitors Regulation Authority with registration number 533794. A list of the company’s directors is available for inspection at the registered office

DISCLAIMER

The information contained in this website is for general information purposes only. The information is provided by Pure Employment Law and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

Privacy Policy | Cookies Policy | Terms & Conditions | How to make a complaint | Sitemap

© Pure Employment Law 2021

Scroll to top

This site uses cookies. By continuing to browse the site, you are agreeing to our use of cookies as defined in our cookie policy.

Accept Cookie Policy

Cookie and Privacy Settings



How we use cookies

We may request cookies to be set on your device. We use cookies to let us know when you visit our websites, how you interact with us, to enrich your user experience, and to customize your relationship with our website.

Click on the different category headings to find out more. You can also change some of your preferences. Note that blocking some types of cookies may impact your experience on our websites and the services we are able to offer.

Essential Website Cookies

These cookies are strictly necessary to provide you with services available through our website and to use some of its features.

Because these cookies are strictly necessary to deliver the website, refuseing them will have impact how our site functions. You always can block or delete cookies by changing your browser settings and force blocking all cookies on this website. But this will always prompt you to accept/refuse cookies when revisiting our site.

We fully respect if you want to refuse cookies but to avoid asking you again and again kindly allow us to store a cookie for that. You are free to opt out any time or opt in for other cookies to get a better experience. If you refuse cookies we will remove all set cookies in our domain.

We provide you with a list of stored cookies on your computer in our domain so you can check what we stored. Due to security reasons we are not able to show or modify cookies from other domains. You can check these in your browser security settings.

Google Analytics Cookies

These cookies collect information that is used either in aggregate form to help us understand how our website is being used or how effective our marketing campaigns are, or to help us customize our website and application for you in order to enhance your experience.

If you do not want that we track your visit to our site you can disable tracking in your browser here:

Other external services

We also use different external services like Google Webfonts, Google Maps, and external Video providers. Since these providers may collect personal data like your IP address we allow you to block them here. Please be aware that this might heavily reduce the functionality and appearance of our site. Changes will take effect once you reload the page.

Google Webfont Settings:

Google Map Settings:

Google reCaptcha Settings:

Vimeo and Youtube video embeds:

Other cookies

The following cookies are also needed - You can choose if you want to allow them:

Privacy Policy

You can read about our cookies and privacy settings in detail on our Privacy Policy Page.

Privacy Policy
Accept settingsHide notification only