Employment rights
Apprenticeships are a way to get experience at work while training and studying for qualifications.
Apprentices have the same employment rights as those with the legal status of employee. However, there is a separate National Minimum Wage rate for apprentices.
In Scotland, apprentices have extra rights around dismissal and redundancy.
Working hours
Apprentices have the same rights as other employees around working hours and rest. These include:
- working a maximum of 48 hours a week on average, unless they choose to opt out
- the right to rest, including breaks
People under 18 have additional rights around working hours. This includes not working more than:
- 8 hours a day
- 40 hours a week
Time spent doing work-related learning or training also counts as working hours.
Time spent learning or training
Employers must give apprentices time for learning or training. An apprentice should be learning or training for at least 20% of their normal working hours.
The employer might provide learning or training. Alternatively, a separate learning or training organisation might provide it – for example, a college.
Holiday entitlement
Apprentices have the same holiday entitlement as those legally classed as employees.
Apprentices must continue to 'accrue' (build up) holiday for any time spent doing work-related learning or training. For example, days or hours they spend learning or training at college.
Written statements
Like other employees, apprentices have the right to a 'written statement of employment particulars'. A written statement summarises the main terms of employment, such as pay and working hours.
Protection against discrimination
Like other employees, apprentices are protected against discrimination at work.
Find out more about discrimination at work
Continuous employment
If an apprentice continues working for the same employer after their apprenticeship ends, this must count towards 'continuous employment'. Continuous employment is when an employee has worked for one employer without a break.
Apprentices should get the same benefits as other employees for continuous employment.
After the apprenticeship ends
Apprentices are not guaranteed a job after their apprenticeship ends.
Some employers might choose to offer apprentices a job at the end of their apprenticeships. However, they do not have to.
Problems with an apprenticeship
If someone has a problem with their apprenticeship, it's a good idea to raise this informally first. They can do this by talking with their employer.
An apprentice could also speak to their apprenticeship provider or college.
The employer should take the apprentice seriously, and take steps to deal with the problem.
If raising it informally does not resolve the problem, the apprentice can raise a grievance. This is where they make a formal complaint to their employer.
Contact the Acas helpline
If you have any questions about the rights of apprentices, you can contact the Acas helpline.