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Apprentice – you’re hired!

By Graham Irons

Howes Percival LLP

SINCE the apprenticeship levy came into play, there has been a lot of focus on how employers spend their levy and manage the ‘off-the-job’ training requirements. It is important to ensure that legal requirements are met when employing an apprentice.

Firstly, robust recruitment processes should be used as for any employees. Additional funding is available for 16 to 18-year-old apprentices but recruitment limited to that age range would be age discrimination.

Secondly, contracts offered to apprentices must contain the key terms and conditions required by the Employment Rights Act, a requirement to carry out work for the employer and other prescribed information dependent on whether the apprenticeship relates to a framework or a standard.

This will ensure they are ’employees’ and do not inadvertently enter into ‘contracts of apprenticeship’ which are much more difficult to terminate if things go wrong. Employers should also consider contractual provisions such as a fixed term, an obligation to attend college and termination for persistent failure to attend college or pass exams. A probation clause should be included but with lower expectations of performance. However, where levy money is used to fund training it is important to note that an employer is not able to ask an apprentice to pay it back if they leave before completing their course.

Thirdly, apprentices must be paid the National Minimum Wage dependent their age but an apprenticeship rate applies to apprentices under 19 or 19-plus but in the first year of their apprenticeship (£3.70 rising to £3.90 in April).

Finally, it is always hoped that having invested time and money in training apprentices they will stay on with the business. This does not always work out so it’s important to remember they will have unfair dismissal rights if they have two years’ service. Equally, if you need to select which apprentice is retained be sure to use objective criteria to avoid any allegation of discrimination.

If you have any questions about employing apprentices contact Graham Irons at Howes Percival Solicitors, email 

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