Apprentice Rights and Responsibilities

Caragh Bailey
16/02/2021
98
0 min read
Apprentice Rights from Employment Law Friend

Apprenticeships enable you to learn job specific skills alongside experienced professionals while earning a wage. There are different levels, equivalent to standard education. You can apply if you are:
  • Over 16 (or will be when the apprenticeship begins)
  • Living in England
  • Not in full time education (or won't be when the apprenticeship begins)

What are my rights as an apprentice?


Apprentice rights
Apprentice responsibilities
  • Attending workshops and learning opportunities
  • Assisting in the role you are studying as well as learning about the organisation as a whole
  • Observe health & safety regulations including fire safety
  • Completing tests and assessments and keep a log of your learning

You are entitled to payment for the time you are working, the time you're in training for your apprenticeship (this must be at least 20% of your normal working hours) and time to study for English and/or Maths qualifications if they're part of your apprenticeship. All of these should fit within your normal working hours. You'll be able to find these in your apprenticeship agreement, which is a written contract of employment. Your rights include having this apprenticeship agreement, as well as a commitment statement.

Apprentice Statement
Commitment Statement
  • Length of Employment
  • Training you'll receive
  • Pay
  • Hours
  • Holidays
  • Any support or benefits available to you
  • Content and Schedule
  • Qualifications
  • Expectations and responsibilities of your employer, your education provider and yourself
  • Where to direct any questions
  • Complaints procedure

How many hours is an apprentice allowed to work?

If you are under 18:

  • You must not work more than 8 hours a day or 40 hours a week
  • You must have 12 hours rest in any 24 hour period
  • You must have a 30 minute break in any shift longer than 4.5 hours
  • 48 hours rest in a row every week (if there is a good business reason that this is not possible, then 36 hours in one go followed by another 12 as soon as possible)
  • You cannot work between the hours of 10pm and 7am except in certain circumstances, Click for more information



Training

  • At least 20% of your working hours should be spent training for your apprenticeship qualification.
  • It could happen at your workplace, online, or somewhere else, like a college.
  • It might take place weekly, monthly or in a separate block of time.
Your apprenticeship agreement or contract of employment should clarify all of these.

Apprentice holiday entitlement

You're entitled to at least 20 weeks holiday.

Apprenticeship redundancy rights

anApprenticeship.co.uk made the following statement:

Apprentice Redundancy Rights from Employment Law Friend

Frequently Asked Questions
If you have been in local authority care and are under 25 when you begin your apprenticeship, you might be able to get a bursary, you'll need to speak to your training provider, not your employer.
Yes. In a traditional apprenticeship, if the apprentice has become untrainable or if the business is unable to provide the required training you can be dismissed. Otherwise you can end the apprenticeship if you both agree to it mutually.

"If you’re between the ages of 16 and 24, you won’t have to fund your own tuition, it's your employer and the government who cover the fees.
For those a little older and wiser, it depends on your employer. If you’re over 25, you may be asked to contribute towards the cost of your training, but it's worth asking at the interview stage so you know what you’re getting into."


Do you have a problem with your employer?
Sadly some employers treat their apprentices as second-class workers. There is much more to winning your case than simply being in the right, our specialist employment solicitors know all the laws and tactics, to make sure you get the best chance at a fair settlement. Get in contact with us and see how we can help.

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This content is provided free of charge for information purposes only. It does not constitute legal advice and should not be relied on as such. No responsibility for the accuracy and/or correctness of the information and commentary set out in the article, or for any consequences of relying on it, is assumed or accepted by any member of our company. For employment law advice please get in contact and speak to your employment law solicitors.
 
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