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YOU'RE HIRED! THE APPRENTICE[SHIPS]
Released On 2nd Sep 2022
YOU'RE HIRED! THE APPRENTICE[SHIPS] Well, the new academic year is just around the corner which means that’s another year done and another cycle of exam results received by students… cue the flurry of college, university, job, or apprenticeship applications!
With that in mind, now is the time to review your employment documentation for any new apprentices you may be taking on.
Apprenticeships are a complicated one when it comes to employment law, which is why it is crucial that your documentation is correct and, on this occasion, a standard contract of employment with the job title of ‘apprentice’ just doesn’t cut the mustard. There are two types of arrangements that an apprentice can enter into; either a contract of apprenticeship or an apprenticeship agreement. It is important that we distinguish between the two as although the differences may be subtle, the employment law implications are significant.
Now, let’s navigate this legal minefield….
Where there is a contract of apprenticeship, the primary purpose is training, and the execution of work for the employer is secondary. These are the oldest form of apprenticeship and they confer enhanced employment rights on an apprentice. Apprenticeship agreements are a modern invention and they have the status of a contract of service which ensures an apprentice is treated in the same way as an ordinary employee.
So, here is where it gets a little more complicated… An apprentice engaged under a contract of apprenticeship or an apprenticeship agreement is an employee, come what may. However, many employers think that apprentices are just employees on fixed term contracts. Unfortunately, that’s is not the case. Apprenticeships need to be carefully managed right from the outset, particularly because of the implications if there comes a point where you consider terminating the apprenticeship before it is due to end because of misconduct or poor performance.
If an apprentice is employed under an apprenticeship agreement (the modern one!), then they have the rights of ordinary employees and the standard principles of breach of contract and unfair dismissal will apply (sigh of relief – what we’re all used to!). However, it is not so clear cut for apprentices under contracts of apprenticeship as they have an enhanced level of protection from early termination, arising from the primary focus being the training rather than the work performed (ah!), meaning you cannot just terminate their apprenticeship without repercussion. Essentially, to safely terminate the contract of apprenticeship, the apprentice has to be ‘unteachable’; a very high bar to jump.
Can you guess our advice?
There are a number of fairly straightforward formalities required to form an apprenticeship agreement, so it is important that these are met when signing your apprentices up. If not, you may inadvertently have signed yourself up to a contract of apprenticeship, which is not a place you want to be!
So, if you need advice on your current apprenticeship documentation or need help drawing one of these up, get in touch with us! We are always here and happy to help. And remember, these sorts of documents should be in place for day 1 of employment!
