One of the things we see a lot at HR4 Nurseries is that apprentices have been employed on the wrong employment contract. They should be employed on an apprenticeship agreement and not the standard contract of employment.
The apprenticeship is primarily a job rather than training, so the agreement must state that the apprentice will be taking an apprenticeship in a particular skill, trade or occupation. The agreement makes it clear that it is a contract of service and not a contract of apprenticeship.
It must also contain the terms required by the Employment Rights Act.
Here are some of the questions we are asked on a regular basis.
Q: Do I have to pay my apprentice?
A: Yes.
You must pay the apprentice at least the minimum wage rate.
Q: Do I pay my apprentice holiday pay?
A: Yes.
They will be entitled to 20 days' holiday during each holiday year plus the public holidays in England and Wales, pro-rated depending on the number of days worked per week.
Q: Are they entitled to statutory sick pay?
A: To qualify for statutory sick pay, the apprentice has to earn at least £112 (before tax) per week. An employer is able to pay enhanced sick leave at their discretion.
Q: How many hours per week can my apprentice work?
A: The apprentice should work a minimum of 30 hours per week or in some cases 16 hours a week.
Q: Do I have to provide my apprentice with a job once their apprenticeship has ended?
A: No you don't - as long as you have them on the correct agreement. Apprenticeships are considered to have a specific purpose: that of training the apprentice. If the contract is not renewed at the end of the apprenticeship, the apprentice will be considered to have been dismissed for some other substantial reason.
Q. Can I employ my apprentice at the end of the apprenticeship?
A: Yes you can.
You will need to provide the individual with a standard employment contract, which does not have an end date.
Q: Can I dismiss my apprentice?
A: Yes.
You will need to show a potentially fair reason for dismissing the apprentice and also demonstrate that a fair procedure was followed.