If you are considering taking on an apprentice there can be a lot to think about, but one thing that should be at the top of the list is making sure you employ them on the ‘right contract’ – an ‘ordinary’ contract of employment, even if it is one for a fixed term, won’t cut it.
If you are taking on an apprentice in England or Wales, to protect your business you should employ the apprentice on an appropriate apprentice agreement – this requires specific clauses to be included in addition to what you may usually find in an ‘ordinary fixed term’ contract of employment.
If an apprentice isn’t employed on an appropriate apprentice agreement, they have additional protection from being dismissed during their apprenticeship and, in most cases, damages for breach of contract are also potentially much greater than would usually be the case. This is not a situation you want your business to find itself in.
So, what can you do to help your business avoid making a mis-step?
- Set up for success
- Make sure you have the apprentice agreement you need
- Reach out for help if you have an issue with an apprentice
Set up for success
Make sure that the relevant people in your business are aware of the need for a ‘special contract’ – an appropriate apprentice agreement. This can help to make sure that the ‘paperwork’ element doesn’t get overlooked. Check that you have built into your apprentice recruitment process the prompt issuing of an apprentice agreement and make sure you have a signed copy on record.
If you have employed your apprentice on an appropriate apprentice agreement (including a break clause) your apprentice will have no greater rights when it comes to dismissal than any other employee.
You can find answers to some other common questions regarding apprentices in our earlier Legal Update here.
Make sure you have the apprentice agreement you need
Get in touch in good time if you need an apprentice agreement in your business. The requirements for apprentice agreements differ between England and Wales and we can assist you with either.
Occasionally we encounter a situation where a business hasn’t issued an apprentice with any sort of contract, this too is a situation to be avoided. Aside from the usual concerns in such a situation (such as the increased scope for dispute, a failure to provide the apprentice with certain information in writing that they are legally entitled to) there is also the risk that the apprentice will be able to argue that in the absence of an appropriate apprentice agreement they have the same rights as an apprentice issued with the ‘wrong’ contract.
Reach out for help if you have an issue with an apprentice
For many businesses employing an apprentice is a positive experience, but sometimes issues can arise. For example, you may have concerns about an apprentice’s attendance, time keeping, performance or conduct.
Whether the issue is minor or something more serious, please get in touch for specific advice on the situation facing your business. Remember, we are here to help. It’s especially important to ensure you get the advice you need before taking any action if you are considering dismissing an apprentice – whatever contract / agreement you have used to employ them.
If you have a HR issue in your business, please reach out for support.