APPRENTICES – WHAT EMPLOYERS NEED TO KNOW

Allianz Legal Protection (ALP) applauds the recent drive by the Government to encourage firms to recruit young people into apprenticeship schemes with statistics showing an increase this year of *442,700 new apprenticeships nationwide.

In order to ensure that an apprenticeship is a win-win scenario for both the employer and the Apprentice, ALP is advising employers to ensure they are aware of their legal responsibilities under this type of arrangement:

Richard Simpkins, lawphone controller at ALP says:

“It is really important that employers are fully aware of the special employment protection which is in place for apprentices, so that they that understand their commitments and responsibilities before they take a candidate on.”

Richard advises businesses to be aware that there are some key areas which differ from normal employment law:

• The principal purpose of an apprenticeship is the training of the apprentice. Therefore, the undertaking of work for the employer is secondary.
• The employer agrees to take on the apprentice for the entire duration of the apprenticeship and must provide training enabling him or her to acquire valuable skills and status in the labour market. 
• Employers need to be aware that it is not generally possible to terminate an apprenticeship prior to its conclusion, which means that apprentices cannot be made redundant unless the entire workplace closes.
•  In addition, misconduct which would justify the dismissal of an ordinary employee will not justify the dismissal of an apprentice; even in some cases of disobedience, persistent absence and intoxication.
• In the event that an apprentice is wrongfully dismissed, compensation can be substantial.  This is because compensation can be claimed under three heads: loss of wages for the remainder of the apprenticeship term, compensation for the loss of the skills the training would have provided and compensation for the resulting loss of status and opportunities in the job market. 

Richard adds: “Providing employers are aware of these guidelines, an apprenticeship programme should make for a very successful experience for both the business and the apprentice. By dedicating time and resource, employers can use apprenticeship schemes to grow and develop the skilled workforce they need for the future.”

ENDS

Notes to Editors:

1) Richard Simpkins is pictured above.

2) Allianz Legal Protection (ALP) is a market leader in the provision of before and after the event legal expenses insurance. ALP offers a range of personal and commercial legal protection products through appointed intermediaries as well as through specialist schemes for solicitors and affinity groups.

3) * Statistic from Department for Business, Innovation and Skills: http://nds.coi.gov.uk/content/Detail.aspx?ReleaseID=421770&NewsAreaID=2