Apprenticeships – the legal position

legal updates

An apprentice is classed as an employee and gains all the main legal rights including unfair dismissal claims, paternity/maternity rights and redundancy rights.

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It is likely that current Government thinking will see a rise in the number of apprenticeships on offer for suitably qualified young people.

Apprenticeships are normally for a set number of years or until a particular qualification is gained.  They are a popular route to becoming a skilled motor technician/engineer.  An apprentice is classed as an employee and gains all the main legal rights including unfair dismissal claims, paternity/maternity rights and redundancy rights.

The repercussions of dismissing an apprentice unfairly are extremely high and indeed higher in some cases than a traditional employee.  In a particular case (Lloyd v Federal Mogul Sintered Products 2003) the apprentice received £20,000 when he was dismissed due to poor attendance.  The tribunal considered the absence policy was unfair and as a result of the dismissal the apprentice did not achieve his qualification and skills which would have given him a good career.

Taking on an apprentice must therefore be seen as a commitment to see it through to the end.

Apprentices are covered by the discrimination laws, but you are not obliged to employ an apprentice at the end of the apprenticeship period.

Under Health and Safety legislation, if you employ an apprentice under the age of 18 you must assess the risks for them before they start employment taking into account their inexperience, immaturity and lack of awareness of risks.

Such young people must not be allowed to do work which is 

  • exceeds the persons physical,/mental limitations
  • exposes them to toxic or cancerous substances
  • exposes them to radiation
  • involves a risk of accidents which they reasonable cannot recognise
  • involves extreme heat, cold, noise or vibration

There are working time limitations which we have covered before for categories of young people in general.

Finally, don’t forget that age discrimination works for young as well as old people. Hence advertisements favouring young people should be avoided.

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Related Legal Updates

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Can a notice to terminate employment be withdrawn?

An employee’s refusal to agree to treat the notice as ineffective and to continue employment may have serious consequences.

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Mr King was found to have crossed the line by making reference to Mr Finn’s appearance which had created an intimidating, hostile, degrading, humiliating, and/or offensive environment.

The primary purpose of a contract of apprenticeship is training

If you take on an apprentice it is vital you have an apprenticeship agreement in place which is a contract of service.

Pandemic impact on annual leave entitlement

The change in March 2020 allowed for four weeks of annual leave to be carried over. So, as a reminder, any carried over leave must be used in 2022!

Right to work – adjusted checks extended to 30 September 2022

Job applicants and existing employees can send scanned documents or a photo of documents for checks using email or a mobile app, rather than sending originals.

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