If your business is considering employing an apprentice in England or Wales, it is important to get it right. Being aware of these three key things can help your business set up for success.
- Special contracts
- When the apprentice rate of the National Minimum Wage can be paid
- Discrimination/harassment issues
Special Contracts
Do not issue an apprentice with the same contract as you would other employees (or other fixed-term employees). The law around apprentices can be tricky but the upside is that it is more beneficial for your business to use a type of employment contract called an apprentice agreement.
Not doing so makes it extremely difficult for your business to dismiss the apprentice before the end of the apprenticeship and in most cases, damages for breach of contract are also potentially much greater than would usually be the case.
If your business is taking on an apprentice, please get in touch in good time as we can help by providing an apprentice agreement.
Apprentice Rate of the National Minimum Wage
Apprentices are entitled to be paid the National Minimum Wage apprentice rate if they are aged under 19, or they are aged 19 or over and are in the first year of their apprenticeship. The current apprentice rate is £6.40 per hour.
Thinking ahead, bear in mind that once an apprentice is past the first year of their apprenticeship, and they are aged 19 or over, then they are legally entitled to the National Minimum Wage for their age group. This will be higher than the apprentice rate. It can be easy to overlook this, so make sure you keep an eye on what minimum rate of pay your apprentice is entitled to, so your business does not get caught out.
Discrimination/Harassment Issues
It is important to be aware that apprentices and applicants for an apprenticeship have protection against discrimination and harassment. Making sure that your people and job applicants are treated fairly and appropriately will help you to protect your business.
If you receive any complaints from a job applicant or employee about how they have been treated, please get in touch for specific advice and support.