Apprentices have most of the same employment rights as those with the legal status of employee. But the law on dismissal and redundancy for apprentices depends on where they work.
England and Wales
In England and Wales, employers should follow certain procedures to dismiss apprentices or make them redundant. These procedures are the same as for other employees.
Dismissals
For a dismissal to be fair, the employer must:
- believe they have a valid reason
- make a decision that's balanced, consistent and as fair as possible
The employer should follow a fair procedure. This should be in line with the Acas Code of Practice on disciplinary and grievance procedures.
Find out more about dismissals
Redundancy
Employers must follow a fair redundancy process, including consulting with staff.
Find out more about redundancy
More advice about apprenticeships in England and Wales
Find out more about apprenticeships in:
- England – apprenticeships guidance on GOV.UK
- Wales – Welsh Government apprenticeships guidance
Scotland
In Scotland, employers can only dismiss or make apprentices redundant in very limited circumstances.
Dismissals
An employer can only dismiss an apprentice for serious conduct or capability issues.
Conduct
In Scotland, an employer cannot dismiss an apprentice for general misconduct issues.
An apprentice can be dismissed for gross misconduct. This is only if they have done something very serious or that has very serious effects.
Capability
An employer can dismiss an apprentice who does not have the ability to do their apprenticeship. For example, because of ill health.
The employer should only dismiss an apprentice if they can show the capability issue is preventing them from teaching the apprentice.
Following a fair procedure
For a dismissal to be fair, the employer must:
- believe they have a valid reason
- make a decision that's balanced, consistent and as fair as possible
The employer should follow a fair procedure. This should be in line with the Acas Code of Practice on disciplinary and grievance procedures.
Find out more about dismissals
Redundancy
By law, an employer in Scotland can only make an apprentice redundant if there's a written clause in the contract that allows them to.
If there is a clause allowing redundancy for an apprentice, the employer must follow a fair process. This includes consulting with staff.
Find out more about:
Claiming compensation
If an employer from Scotland incorrectly dismisses an apprentice or makes them redundant, the apprentice could claim compensation. This could include:
- loss of training
- loss of wages
- impact on future earnings
Contact the Acas helpline
If you have any questions about dismissal and redundancy for apprentices, you can contact the Acas helpline.