Apprenticeships are a way to get experience at work while training and studying for qualifications.
Apprentices have the same rights as those legally classed as employees. However, there is a separate National Minimum Wage rate for apprentices.
In Scotland, apprentices have extra rights around dismissal and redundancy.
Pay
Apprentices must be paid at least the National Minimum Wage.
There is a minimum wage rate that applies only for apprentices. Employers can pay this rate to all apprentices who are under 19.
Employers can also pay this rate to apprentices aged 19 or over during the first year of their apprenticeship. This includes:
- during the first year after they change employer, even if this is part of the same apprenticeship
- during the first year of a new apprenticeship agreement, even if this is with the same employer
Employers can choose to pay apprentices more than the apprentice rate.
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Example of changing employer
Mo is 19 and is doing an apprenticeship that lasts for 2 years. After 6 months, they move to a different part of the country. They complete the final 18 months of their apprenticeship with a different employer.
The new employer can pay Mo the apprentice rate for 12 months. They should pay Mo at least the National Minimum Wage for the final 6 months.
Example of starting a new agreement
Ali is 19 and is doing a 2 year apprenticeship. The employer can pay Ali the apprentice rate during the first year of this apprenticeship. They must pay Ali at least the National Minimum Wage for their age during the second year.
At the end of this apprenticeship, Ali starts a higher level apprenticeship with the same employer. This lasts 2 years.
The employer can pay Ali the apprentice rate again during the first year of the higher level apprenticeship. They must pay Ali at least the National Minimum Wage for their age during the second year.
Working hours
Apprentices have the same rights as those legally classed as 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
- the right to holiday and to build up holiday from the day they start working
People under 18 have additional rights around working hours. This includes not working more than:
- 8 hours a day
- 40 hours a week
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.
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.
If an apprentice is not happy with how their apprenticeship is handled
If someone has a problem with their apprenticeship, it's a good idea to raise this informally first. They can do this by talking to their employer.
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.