Apprenticeships are an effective way for businesses to recruit and train new talent, offering real benefits to both employer and apprentice.
Motivated and eager to learn, apprentices bring fresh energy and skills into a company. This not only supports business growth but also helps build a workforce aligned with your organisation’s ethos and long-term goals.
What Is an Apprenticeship?
An apprentice is an employee who combines practical, on-the-job training with study towards a recognised qualification, usually delivered by a registered training provider. Apprenticeships are available across a wide range of industries and roles, from construction and engineering to digital marketing and finance.
To qualify as an apprenticeship, the following conditions must be met:
- The apprentice must be aged 16 or over.
- They must combine work with studying towards a work-based qualification (ranging from Level 2 through to Degree level).
- They must receive at least the minimum apprentice wage, which increases with age and progression.
When Can an Apprenticeship Agreement End?
Unlike other employment contracts, an apprenticeship agreement can only be brought to an end in very limited circumstances. These are:
- The apprenticeship is successfully completed.
- The apprentice decides to leave.
- The company closes.
The only other lawful reason is where the apprentice is deemed ‘unteachable.’
In the case of Harwood-Janson v Professional Renaissance, an apprentice’s behaviour was found to be so rude, aggressive and unacceptable that the employer had no option but to terminate the agreement. The tribunal considered the apprentice to be ‘unteachable.’
It’s important to note that the legal threshold for proving an apprentice is ‘unteachable’ is extremely high and will only apply in the most serious cases.
Managing Concerns with Apprentices
Where issues arise with performance, attendance or behaviour, the expectation is that employers take steps such as:
- Performance management
- Additional training
- Coaching and mentoring
- Providing support and guidance
Only if these measures fail, and the apprentice’s conduct is beyond repair, can dismissal on the grounds of being ‘unteachable’ be justified.
If an apprenticeship is ended unlawfully, the apprentice may be entitled to claim damages for:
- Loss of earnings and training opportunities during the apprenticeship
- Compensation for any negative impact on their future employment prospects
This was highlighted in the case of Dunk v George Waller & Son, where damages were awarded following wrongful dismissal.
The Value of Apprenticeships
In practice, most apprenticeships are successfully completed, with many apprentices going on to become valued permanent members of the team. Apprenticeships can be an excellent investment in both people and business growth.
That said, apprenticeship agreements are legally complex and should not be entered into lightly. A useful rule of thumb is to think of taking on an apprentice as managing an employee, multiplied by three.
Need expert HR support?
THSP’s HR consultants can guide you through the complexities of apprenticeship agreements, ensuring you remain compliant and supported at every stage. For advice, call our team today on 03456 122 144.