Apprentices are playing an increasingly important role in employment: the government has declared that there are now over 1500 different apprenticeships on offer in more than 170 industries and £1.5bn was invested in apprenticeships by the government in 2013-2014.
This week is National Apprentice Week (NAW) – a week designed to celebrate apprenticeships and to encourage more small businesses to take on apprentices.
If you have hired or are considering hiring an apprentice in your business, it’s vital to appreciate the importance of getting correctly drafted employment documentation in place from the outset. Without proper documentation setting out the employment relationship, apprentices could enjoy significantly enhanced protection leaving you with little freedom to let them go if they are not up to the job.
Stockport’s SAS Daniels take a look at the law behind apprenticeships:
“Traditionally, employment law has acted as red tape to the employment of apprentices.
“Prior to 2009, apprentices were given a ‘Contract of Apprenticeship’ and as a result enjoyed extra protection against early dismissal.
“In 2009 the Apprenticeships, Skills, Children and Learning Act 2009 came into force which introduced the concept of an Apprenticeship Agreement, designed to encourage employers to take on apprentices, effective so far as the figures above suggest.
“Employers and apprentices have been able to enter into Apprenticeship Agreements since 1 April 2011, held to be a ‘contract of service’ and not a Contract of Apprenticeship. As a result, the apprentice is treated for all intents and purposes as an ordinary employee and the usual unfair dismissal rules apply. This means that employers can effectively performance manage under-performing apprentices as they would any employee in the business.”
Very specific conditions need to be met in order for the documentation to qualify as an Apprenticeship Agreement and specialist, professional advice will help to ensure that the relevant documentation is up to scratch.
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