An apprenticeship involves a person, employer and training provider. However, as the employer you need to bear in mind the apprentice is still considered an ‘employee’. This means they benefit from all related rights, e.g, the right to claim unfair dismissal and the right of protection against discrimination.
As well as considering National Minimum Wage, legislation called the ‘Apprenticeship, Skills, Children and Learning Act, 2009’ provides that an apprentice is working a minimum hours of work and learning as an apprentice and within a contract of service.
The contract of service is between apprentice and employer and needs to include key details in order to comply with the Employment Rights Act 1996, e.g., employer name and address, job title etc. The agreement can be set out in the form a written statement of particulars, contract of employment or letter of engagement.
Whereas it was previously difficult to dismiss an apprentice, with the contract in place and provided a fair procedure is followed (and notice provided) unfair dismissal and breach of contract will be difficult to prove.
As an employer, its important you get the wording correct as it could be costly to your business.
An Ansa HR Consultant will be able to assist you and ensure legal compliance. Call us on 01948 519151 or email us at enquiries@ansahr.co.uk to arrange a free consultation meeting.
Ansa HR Consultants is an independent HR Consultancy providing Human Resources, Employment Law, Health and Safety, Training and Recruitment to businesses in the North West. Call us on 01948 519151, email enquiries@ansahr.co.uk for further information on our services or please visit our website at www.ansahr.co.uk for further HR news articles.
Ansa HR Consultants is led by James, who has worked at Board and senior HR positions within the UK and Europe. James is a Chartered Fellow of the CIPD and trained in Employment Law at Northumbria…
