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Your Rights as an Apprentice

By: Emma Jones - Updated: 20 May 2020 | comments*Discuss
 
Apprentice Apprenticeship Employee

When you start an apprenticeship your employer essentially takes you on as an employee. This means that you have the same employee rights as any one else and that your employer cannot exploit you.

Although you will still be training during your apprenticeship scheme, you will receive a regular wage and still be entitled to holidays, fair working hours and rest breaks.

Working Hours

There are laws in place to protect how many hours you can be made to work at any time. The limit for an average working week is 48 hours, or 40 if you are under 18. You can work more than this in one week but over a 17 week period it must average out to less than this.

You are also entitled to at least one 20 minute break for every six hours that you work and at least 11 hours off between shifts. This the law and unless you opt out, you have the right to refuse to work any more than this.

Holiday Entitlement

As an apprentice you will be entitled to at least one and a half days’ paid holiday for every month of your training - you will also get bank holidays. Check your contract of employment to see what you have been given. You also have the right to at least 24 hours free from work in an week or 48 hours free in two weeks. This increases to 48 hours free from work in a week if you under 18.

Wages

Even though you are on an apprenticeship scheme you are treated as an employee and therefore will be paid a regular wage. This money will be paid weekly or monthly to you and you have to pay tax and national insurance on your earnings.

The National Minimum Wage for apprentices until April, 2018 for age under 19 or aged 19 or over but in the first year of their apprenticeship is £3.70 per hour. Apprentices over the age of 19 and who have completed one year of their Apprenticeship are entitled to receive the National Minimum Wage applicable to their age. These rates apply to time working, plus time spent training that is part of the Apprenticeship.

Employers are free to pay above the new wage and many do so, but employers must ensure that they are paying their apprentices at least the minimum wage.

If an apprentice is on a higher wage, the employer must continue to pay that for the remainder of the training or until the apprentice becomes eligible for the full national minimum wage.

Whatever you agree on, make sure that you have it in writing and they don’t try to take any illegal deductions.

Fair Treatment

As an apprentice or as an employee, you have the right to be treated fairly in all aspects of your work. This means that as well as being paid regularly, being given holiday and not being made to work too many hours, you should not face any discrimination or danger.

Your rights include adequate health and safety training and prevention. They also include being able to work happily without being discriminated against for your race, religion, age or gender. If you think this is happening then you must report it.

When you are taking part in an apprenticeship scheme you should be given the same employee rights as other members of staff. These include fair working hours and rest breaks, as well as being given your full holiday entitlement.

You should also not face any other unfair treatment such as discrimination or poor health and safety. If you think your employer is breaching any of your rights then you must speak up and report them. Now, investigate health and safety for apprentices here.

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My Son started his apprentichip last September .Now the garage may terminate him due the Covid-19 , he is on furlough at present.3 year apprentichip.All im asking is that they let him finish year one Level 1.The law state,s you either had to collegeor an apprentichip .If this happens my son will not employable as he has not finished year one Level 1.His national training provider do not even answer the phone ,I wonder why!.Apprentices are protected by law and the training providers have to provide training for them elsewhere or give them the qualification earlierlike the recent medical students . My son will not be left without a qualification and I will make sure of it . Are apprenticeswho do not earn enough to pay tax or NI paid by the governmentif soit should not effect his work .Ex Union rep for Chrysler Cars informedme apprentices are not kicked off the programe who are spondored by government organisations.My son will be leftwith car insurance to pay petrol tax exthow does he dothat without his apprentichip placement.To add insult to injury the druggies who robbed his and mine transport are now nicely tucked up in a local hotelwith training programes afterlock down while my Son looks on .Ile soon be changing that its letters all the way to parliament ect
Dna - 20-May-20 @ 10:22 PM
I completed my diploma but I didnt complete my work experience.I am still paying back money 4 years later. I had to grab the opportunity to work as a surveyor which was a i time chance. I heard on radio that apprenticeship don’t have to pay if they stop the programme mid way. Is this true?
Julz - 16-May-20 @ 9:37 AM
My son has been working for a company since July 2019 as an Apprenticeship Glazier but the apprenticeship hasn’t actually started yet... he was due to meet with the college on March 1st but it got cancelled. He’s been paid £4.10 since July 2019 and is18yrs old ... is this legal??
EmM - 9-May-20 @ 10:40 AM
I am half way through my apprenticeship (1 year completed of 2 year course) and I have made the decision to move to another company. The course is easily transferable and my training provider is happy for me to do this. My current job are making me pay back all salary paid to me for every day that I have attended college. (Not on sight). As an apprentice, do I have any rights against this? Or do I need to pay back each day?
X - 2-Apr-20 @ 6:30 PM
My son was sacked on the basis of poor ability he's a brick layer worked for Mitchell and Erwin he's wasn't informed they were thinking of letting him go. He had no warnings turn up for work on time and he already has deploma level 1 and advanced craft he did most the work and his mentor was going home at 2pm every day Erwins said due to the covid 19 they did a review anddecided to terminate his apprenticeship they emailed him his letter of termination He's been in touch asked for all the statement and poof of poor ability sent emails and nothing how's he able to put forward his case in 7days if they are not sending him anything I'm so discussed with how they have treated him his friend whome he went through college with has been laid of now and they've taken 300pound of his wages
Unfair - 26-Mar-20 @ 6:09 PM
Hi I am doing a degree apprentiships BSE (hons ) at university in Civil and Environmental Engineering- they have just made me redundant due to lack of work - after nearly two years there commitment was for a five year degree in terms of fees and expenses - all was going well and loved the diversity between the university and the practical side ,mentoring ,exam results were immaculate what do I do ? I have approached other civil engineers but because I am so far into it they could not support me - thus far it has been really great and high profile They only gave me a substantial pay raise on Christmas eve -my 4th since I have been with this now I need the tuition to be paid or compensation as to get my degree is highly unlightly- any advise
Sherrilyn - 24-Mar-20 @ 1:39 PM
Can a company lay off a first year apprentice if the company is still trading?
Sara Ingram - 24-Mar-20 @ 11:50 AM
Hi can Apprentice be laid off if the Business is still running.
C9204 - 22-Mar-20 @ 11:09 AM
Hi, I am a Trainee Nursing Associate September Cohort -2020. I passed my first module - 20 Credit. I have a problem in my home ward and I was signed off work since 18 December 'Stress at work' and I asked to be moved to another ward. I raised concerns about bulling, harassment and discrimination at work place. Due to a long term sickness my apprentice is postponed and I will be break in learning. I will be joining to the February 2020 Cohort in September 2020 starting Module 2. I am returning to work in next week to different department while investigation is on. I was told to wear a HCA uniform on. Can my employer move me to work on band 2 from now until September?
baby - 6-Mar-20 @ 10:18 PM
I 've been in a 3 year apprentice program for 3 and a half years now. I'm 55 years old and was 52 when I was first registered in a federal painters apprentice program by my employer that I had already been working for around a year and a half prior. Because I believed I could trust them when they assured me they'd take care of everything and I was not to worry. So I did just that until they somehow convinced the Apprenticeship agency to extend my program for another year when I had been told that I will have fulfilled my obligations in less than 40 more hours. I then became suspicious and began to investigate on my own. Come to find out after talking with a Mr. Guido from the Ethics Administraton in Chicago that they could not grant me a completion certification because I had not been attending any schools to fulfill the required extra education needed to do so. It was never shared with me that I was to do so by my employer that this was nesseccary or even that the rule existed. Along with so many other standards and regulations. As I keep reading the more violated I feel. My treatment as an Apprentice was as a sort of underclassmen and with disrespect so degrading at times I know of no one else who would not of quit. I however believed that the certification would make it all worth it along with the huge raise that was led to believe I'd be getting. My spirit is now broken I' a 55 year old man that doesn't have the twenty years that would make me more marketable and now being told that I could transfer to another program for an additional 3 years. I believe there are more stories like mine that could be told if only so many hadn't walked away due to the constant degrading way they were treated so that the stories would simply disappear. Oh and that Apprentice Agreement , never knew there was such a thing til 3 months ago.
Tberg - 28-Feb-20 @ 2:29 AM
I 've been in a 3 year apprentice program for 3 and a half years now. I'm 55 years old and was 52 when I was first registered in a federal painters apprentice program by my employer that I had already been working for around a year and a half prior. Because I believed I could trust them when they assured me they'd take care of everything and I was not to worry. So I did just that until they somehow convinced the Apprenticeship agency to extend my program for another year when I had been told that I will have fulfilled my obligations in less than 40 more hours. I then became suspicious and began to investigate on my own. Come to find out after talking with a Mr. Guido from the Ethics Administraton in Chicago that they could not grant me a completion certification because I had not been attending any schools to fulfill the required extra education needed to do so. It was never shared with me that I was to do so by my employer that this was nesseccary or even that the rule existed. Along with so many other standards and regulations. As I keep reading the more violated I feel. My treatment as an Apprentice was as a sort of underclassmen and with disrespect so degrading at times I know of no one else who would not of quit. I however believed that the certification would make it all worth it along with the huge raise that was led to believe I'd be getting. My spirit is now broken I' a 55 year old man that doesn't have the twenty years that would make me more marketable and now being told that I could transfer to another program for an additional 3 years. I believe there are more stories like mine that could be told if only so many hadn't walked away due to the constant degrading way they were treated so that the stories would simply disappear. Oh and that Apprentice Agreement , never knew there was such a thing til 3 months ago.
2trusting - 28-Feb-20 @ 2:27 AM
My son has been working as an apprentice in general maintenance, over the last few months he has been injured and dr has signed him off. He has been reffered to back pain clinic, where hopefully he will get a scan to see why hes not recovering from injury. My son is constantly worried he's going to loose his job, could you tell me where he stands with this problem.
Soni - 25-Feb-20 @ 6:00 PM
My daughter has been working for 10months in a nursery. When she got the job it was for nursery nurse assistant and she completed probation period within 6 monrths but still hasn’t started her apprenticeship. They keep putting her off saying she needs more training first. Is this legal and correct?
Speller - 18-Feb-20 @ 6:42 PM
hi my daughter finished her apprenticeship in september she is 19 should she be on the minimum wage from september
tomo - 16-Feb-20 @ 3:58 PM
as an apprentice in a garage what are the requirements of my sons work on customers vehicles?should it be checked prior to the vehicle being handed back? is there any legality on this? as apprentices are usually all on the minimum wage does this continue on gaining their NVQ level 3 certification? all answers very, very welcome
Pony - 12-Feb-20 @ 10:50 AM
I have been employed for over 6 months and havent even been started in my apprenticeship can I get more money as I'm over 21 years old. I still have 2 more months before I can even start my apprenticeship as they said they domt have the funding yet. I've passed my probation too
Jb - 9-Feb-20 @ 2:44 PM
Iv been an apprenticeship in a nursery for 7 months and just finishing my apprenticeship early I am currently 5 and a half months pregnant I get minimum wage not an apprentice wage as I am level 2 qualified but doing a level 3 qualification will I get maternity pay and also will I have a job to come back to or not as I have finished my qualification also I am due to go off in April for leave can they get rid of me before this due to me finishing early and not being offered a job x
Becky - 4-Feb-20 @ 6:47 PM
Hi I completed a level 2 business admin apprenticeship, now I'm changing my workplace but looking for a level 3 apprenticeship in the same field. Am I entitled to minimum wage as it's the second year of me studying business administration.
J - 4-Feb-20 @ 12:40 PM
Hello, i am 16 year olds and i have recently started an childcare apprentiship but i hate it, whats the best way to tell them or leave?
Kirsty - 4-Feb-20 @ 8:39 AM
Hi I’m an apprentice in my third year. I’m now being asked to work 12 hr shifts. Am I entitled to shift pay on top of my wage
Acer - 31-Jan-20 @ 9:34 AM
My son attends college 1 day a week for his level 3 apprenticeship. The last couple of months he has had to attend college an additional day every other week for maths and English. I've noticed his employer has deducted these days from his paycheck is this allowed??!
Windsor rights - 30-Jan-20 @ 12:08 PM
HI, my daughter is currently in a day nursery for her apprenticeship and doesnt really enjoy it. The travelling is a trek and is wondering if she can transfer her apprenticeship to a different place, closer to home?
CHRISSY - 29-Jan-20 @ 12:32 PM
My son has just starting his third year of avehicle mechanic apprenticeship.He has just been told that his site is closing and will be made redundant.Can you please advise me regardinghis rights
TRACY MOSES - 21-Jan-20 @ 9:59 AM
Hi my son is currently in his 1st year apprenticeship and received a text from employer stating he could no longer afford to pay him and he was paying him off!! The business is still running surely there are rules out there stopping employers doing this to young kids??
Upset mum - 8-Jan-20 @ 6:47 PM
My son has been in a joinery apprenticeship since September but so far he sweeps, paints and sands down wood or is used for on site labour.He already has his Level 2 Diploma and just needs his NVQ level 2 but feels he is losing the skills he has gained.Surely he should be doing more woodwork?This cannot be right!
TC - 8-Jan-20 @ 5:21 PM
Hello I was wondering I’m 17 years old and I’m an apprentice in childcare and I work more than 40 hours a week, is this ok?
Chantelle Gray - 8-Dec-19 @ 9:52 PM
Hi, my niece has just started an 18 month apprenticeship and found out she's pregnant. What are her rights and entitlement with regards to the course. Thanks
Beccy - 6-Dec-19 @ 7:52 PM
Hi, I am in my 4th year of my joinery apprenticeship in Scotland and have been given my annual pay rise for being in my 4th year. I am 25 and have been given £9 per hour however I have been informed that the minimum wage for 4th year apprentice’s is £9.78. My boss justified this by saying my timekeeping isn’t up to his standard so he will not be paying me £9.78. Is this right?
Shawn - 25-Nov-19 @ 9:30 PM
The collage have stopped my sons apprenticeship, because of health and safety?Although I am concerned, he is happy to work there.Surely, it was up to the college to enforce H&s?.As a parent, I am totally in the dark, as to what is going on.I only find things out from my 17 year old son, the college contact me zero.He is still a minor right?Why do the college not I form me of anything?
Mum - 23-Nov-19 @ 7:02 AM
Please give me what Acton Can Itakeagainst the Employer for Miss managementunder Apprentice Act 1961
Ratan Kumar - 16-Nov-19 @ 4:28 PM
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