There are two legal forms of apprenticeship:
The most common form of apprenticeship is the Statutory Apprenticeship. This is because compared to a contract of apprenticeship (which comes with onerous rules and obligations), an apprentice under a Statutory Apprenticeship is subject to similar rules on management and termination as a regular employee.
An apprentice is a young person who is gaining a profession or qualification on the job.
As an apprentice, you are an employee within the definition in the Employment Rights Act 1996. Section 230(2) says; In this Act “contract of employment” means a contract of service or apprenticeship, whether express or implied, and (if it is express) whether oral or in writing.
This means that you are an employee like everyone else and entitled to the same employment rights and privileges. You have the right to claim unfair dismissal, and are protected from discrimination. Your employer has more responsibility for you, than regular employees and has to put a higher focus on your training and work that trains you for your future role or qualification.
You are entitled to;
An apprentice is also an employee. An Employer must go through all the correct procedures in the workplace policy and the ACAS Code 1, or a dismissal would be unfair or wrongful. A contract of apprenticeship can only be brought to an end by some fundamental frustrating event or repudiatory act. Apprenticeships are special, and a misconduct that would usually justify dismissal of an employee is not sufficient. The only way in which a contract of apprenticeship can be terminated is if you do something that makes you unteachable, therefore frustrating the purpose of the contract. You cannot be dismissed for redundancy, and if your employer dismisses you before the end of your contract, you can sue for breach of contract and get damages for the full term of the contract as well as loss of your future career prospects.
The apprentice minimum wage of £3.90 only apples to those aged 16-18, or those aged 19 or over who are in their first year. If you are 19 or over, and have been an apprentice for more than 12 months, you will be entitled to either the development rate or the adult rate of national minimum wage depending on your age.
The protections in the Working Time Regulations for young workers under 18 also apply to you as an apprentices. Young workers must not work more than 8 hours a day, or 40 hours a week.You are entitled to paid holidays and rest breaks of at least half an hour if your shift is more than four and half hours.
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