Apprentices have a distinct legal status that sets them apart from other employees. This difference matters most when a business runs into financial trouble and starts thinking about redundancies. Many employers assume they can treat apprentices the same as anyone else on the payroll, but the law sees things differently.
Before making any decisions about an apprentice's future, you need to understand the specific protections that apply to them and which type of contract governs the arrangement.
How Apprentices Differ from Standard Employees
The level of protection an apprentice receives depends heavily on the type of contract in place. There are two main categories: the traditional "contract of apprenticeship" and the modern "apprenticeship agreement" introduced under the Apprenticeships, Skills, Children and Learning Act 2009.
A traditional contract of apprenticeship commits the employer to providing training and allowing the apprentice to develop skills over a fixed period. Courts have historically viewed these contracts as requiring employers to see the training through to completion, except in limited circumstances. These contracts offer protections that differ significantly from standard employment.
Modern apprenticeship agreements are more closely aligned with ordinary employment contracts. While they still involve training obligations, they may allow for termination under conditions similar to those applying to regular employees, including redundancy in certain situations.
If you are unsure which type of contract applies, check the original paperwork carefully. The wording and structure of the agreement will determine which legal framework governs the relationship. You may also wish to seek advice from Acas or consult a solicitor familiar with employment law.

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The answer depends on the contract type and the specific circumstances. For apprentices on traditional contracts of apprenticeship, ending the arrangement early because of financial difficulty is often not possible. Tribunals have frequently found employers to be in breach of contract when they have tried to dismiss such apprentices on redundancy grounds.
For those on modern apprenticeship agreements, redundancy may be permissible where the employer follows proper procedures and the circumstances genuinely warrant it. However, this area of law remains complex and the outcome can vary depending on the specific terms agreed.
Serious misconduct by the apprentice, or a genuine inability to continue providing the required training, may give grounds for early termination in some circumstances. If your business is facing complete closure, ending the apprenticeship may be unavoidable. Even then, you could still face a claim for breach of contract, particularly if the apprentice is on a traditional contract.
Statutory redundancy rights may still apply regardless of the contract type, so you should factor these into any calculations.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
What Happens if You Get It Wrong
Dismissing an apprentice on a traditional contract of apprenticeship without proper grounds can result in a breach of contract claim. Unlike standard unfair dismissal claims, which are capped, breach of contract damages for these apprentices can include compensation for the loss of training and future career prospects. Tribunals have awarded substantial sums in the past to reflect what the apprentice would have earned and learned had the apprenticeship been completed.
For apprentices on modern agreements, damages are typically more limited and align more closely with standard employment dismissals.
There may also be consequences for your relationship with funding bodies. Employers who receive government funding for apprenticeship training and end apprenticeships improperly could be barred from accessing future funding through the Education and Skills Funding Agency.
What to Do Before Taking Action
If you are considering ending an apprenticeship early for any reason, take advice first. Acas offers free and impartial guidance to employers and can help you understand your options. For complex contract disputes or situations involving traditional contracts of apprenticeship, you should also consult a solicitor with expertise in employment law.
Review the apprenticeship agreement carefully to understand the exact terms and any provisions relating to early termination. Identify whether your apprentice is employed under a contract of apprenticeship or an apprenticeship agreement, as this will determine their level of protection.
Consider alternatives before moving to dismissal. Can the apprentice be transferred to another part of the business? Is there another employer who could take on the apprenticeship? The National Apprenticeship Service or your training provider may be able to help find alternative placements. For detailed guidance on apprenticeship rules and employer responsibilities, visit GOV.UK.
Where does he stand with this? Thanks
Where does he stand with this? Thanks
What can we do, please advise.
King regards
Louise
Kind regards
Two points can they make him redundant and have they acted fairly in the order they have conducted themselves
I just wanted to know how often the companies are allowed to make the apprentices redundant?
Is it legal to make redundancy every 3 months ?
Is there any policy to force companies to follow regarding the period between redundancies?
Any advice would be appreciated
Many thanks.
What are my son's next steps? He still hasn't been paid fully for the days he has already worked.
Thanks
She has just been told her apprenticeship will end on the 21st October but given no reason why.She can' remember ever being given any of the formal contacts / deeds that an apprenticeship requires. A series of request for these ( which we suspect don't exist ) have simply been ignored.
What remedies does she have as she is half way through her qualification and if she cant complete it as she needs to be working to do so she faces a wasted year of her life ?
Many thanks
John
my son has just started the second year of a fixed 2 year apprenticeship (well it’s actually a supported internship) and he has come home today extremely worried because there is talk of redundancies and his job has been mentioned “as there just isn’t enough money to keep paying the wages”. I always thought apprenticeships were protected, can you please offer any advice. Because my son has special needs he has taken this really badly and is currently panicking and full of anxiety so it would be really nice to be able to reassure him with some good, positive news (hopefully).
Many thanks
Today however he was told he was being made redundant due to the fact that the professional joiner who was his mentor for the training had to leave the company on medical terms.
Here's the kicker. His mentor hasn't worked for the company since last September 2016, at which time he was diagnosed with Cancer! At this point my son was asked to partner with another professional and learn from him, which he has done for the last year. Recently his initial mentor has had to leave the company altogether as he is now 100% unfit to come back to work, so if you like he is now off their books.
Today my son was informed that the reason he was being made redundant was because his initial mentor couldn't come back to work!
So in a nutshell, his mentor who hasn't worked for the company since last September due to Cancer is only now being paid off as unfit. My son who has been trained by another professional all that time is also now being made redundant as his original mentor who he hasn't seen for 11 months is unable to come back to work.
I believe something is off with this, and the fact they are using someone's illness as an excuse to let him go is even more off!!
Off topic, I wish his mentor all the best of luck for the future with his treatment and feel his reason for departure is more than credible.
Yesterday my daughter was told she was being made redundant,she works in a school and was recently taken over by Best,which is an Academy,they simply told her they couldn't afford to pay her next term. She started her NVQ3 in October and has been told she has to work until the middle of August as she covers a holiday club. She found out yesterday from gossip in the staff room when she arrived to work. As she was out at a tornament all day she was the only apprentice not told(there are 5 of them). Another apprentice informed her she was losing her job,it was then the Head decided to call her in into her office to let her know,but she obviously knew already! Terrible work practice. Can you advise please.
What rights do I have? Is this being made redundant? Isn't there a rule that companies should have a permanent role to offer apprentices after they have completed their apprenticeship? Please help me if you can.
A restructuring of company and engineering apprenticeship not featuring, was the reason given.
To make it worse, he has just signed a 6 months contract on a flat, which a week earlier HR and head office gave him a professional reference for.
Any ideas how he stands?
Thanks
And if so is the company allowed to make me redundant?
The yard she was doing her apprenticeship at has now got quite busy, stubbing court have found her a replacement, but it is 2hours round trip so she has to stay away also she works 7.30 till5.30 5 days which I am sure is more then she should be doing, she is quite upset as she wants to finish her course however is missing home and I'm sure she is working more hours then she should? And also feel as tho stubbing should of done more and also know sooner if later the livery yard will have to take in another person
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