With the school year nearing to an end more businesses will be looking to enforce apprenticeship schemes. But as of 26th May, you will need to make sure your contracts are up to date and abiding by the new approved English apprenticeship agreement.

Currently there are two types of apprenticeships:

• Traditional contracts of apprenticeships

With this contract, training is the focus, rather than employment. Therefore, employers do not have the same ability to dismiss an apprentice under this type of contract as they do with other employees. For example, an employer cannot make an apprentice redundant, unless the business is actually closing, or there are fundamental changes.

If an employer were to dismiss an apprentice under a contract of apprenticeship, for example as a result of misconduct or poor performance, the apprentice could potentially claim their wages for the rest of their apprenticeship, as well as damages for loss of training and career prospects, which can be quite considerable.

• Modern apprenticeship agreements

Modern agreements allow employers to treat the apprentice as they treat other employees – i.e. there is no enhanced protection from dismissal.

New apprenticeship agreement

Apprentice agreements are being replaced by ‘approved English apprenticeship agreements’ on the 26th May 2015.

If an employer would like to employ an apprentice under such an agreement (so the apprentice does not have enhanced protection from dismissal), the apprentice must work for the employer in accordance with an ‘approved apprenticeship standard’.
You can see a list of the current approved standards here.

If you require more detailed advice on apprenticeships, please contact your designated Employment Law Consultant. Alternatively, please contact Kelly Woodhead at kelly.woodhead@jelfgroup.com for further information regarding our Employment Law services.

You may also be interested in attending the following seminar:

Apprenticeship Contracts and Agreements: The key differences, why this matters and how to ensure you comply with the correct employment legislation

Jelf are hosting a seminar focusing on the types of apprenticeships available, the above changes to apprenticeships and key points to consider when recruiting apprentices.

Date: 25th June 2015
Time: 9.30am - 11.30am
Place: Jelf Beaumonts, Manor Road, Horsforth, LS18 4DX
Price: £50 + VAT per person.

Please email kelly.woodhead@jelfgroup.com for more details or to reserve your place.

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