The advantages of having apprentices as part of your workforce are endless, both to businesses and to wider society:
Fresh perspectives
Apprentices bring new ways of thinking and a willingness to learn, which can be known to refresh your current workforce and drive innovation within the organisation. The training they receive on their apprenticeship courses will provide them with the most up-to-date industry knowledge and can bridge the gap between more traditional approaches and new, more modern ways of working.
Financial incentives
Hiring apprentices often come with financial incentives, such as government funded learning, and lower costs when it comes to recruitment. It is also key to consider that apprentices are often known to demonstrate loyalty to their employers who have supported their growth, which in turn will reduce your turnover and rehiring costs over time.
Develop talent from within
Engaging employees at the apprenticeship level cultivates a workforce with tailored skills and knowledge specific to the needs of the business. This enables employers to grow and nurture their own talent, with the idea that in return, they will have highly skilled loyal employees who align with their business objectives and goals.Hiring apprentices also creates development opportunities for senior members of the team who provide on-the-job training to apprentices.
Diversity
Engaging apprentices can strengthen diversity in the workplace. Having a workforce which is more representative of society opens up recruitment options to a wider pool of talent, either at the start of their career, or wanting to retrain into a new area and bring experience from different fields.
Key Considerations
Whilst the advantages are clear, there are several key considerations to ensure compliance with employment law when engaging apprentices:
Terms of Engagement
Employers should ensure that their apprentices are on the correct terms from the outset.
Apprenticeship agreements (including Approved English Apprenticeship Agreements) are formal agreements that set out the terms and conditions of employment, including training arrangements, the fixed duration of the apprenticeship, as well as the rights of the apprentice and the obligations on both sides.
Individuals engaged under an apprenticeship agreement are considered employees of the business and can be treated by their employer in the same way as ordinary employees. An apprenticeship agreement must meet the relevant statutory requirements to be valid and therefore, it is advisable to take legal advice on the drafting of the terms.
An employer who fails to include all the relevant provisions required for an apprenticeship agreement or an English Approved Apprenticeship Agreement may find they have inadvertently created a common law contract of apprenticeship.
‘Common law apprentices’ have enhanced protection against dismissal, meaning that an employer has less scope for dismissal in cases of misconduct, redundancy and on expiry of the apprenticeship. The focus of their contract is the training element, rather than work performed for the employer, and so, dismissal for conduct reasons is limited to very serious cases of gross misconduct, where they would be deemed ‘unteachable’ (which is rare). If dismissed without good reason, they can claim for compensation for loss of earning and training for the remainder of the contract term and for loss of future career prospects.
Therefore, it’s crucial to ensure they are on the correct terms from the outset.
Transparency
It is vital that as with all other employees, apprentices are provided with clear and detailed job descriptions and learning and development plans, as well as regular opportunities for feedback. Ensure that communication is open, honest and frequent to create a supportive environment.
Further Compliance
Apprentices are entitled to at least the National Minimum Wage (please note there is a special rate applicable to apprentices under 19, or over 19 but in the first year of their apprenticeship), holidays and holiday pay, as well as other employment rights.
It is vital that employers are compliant with the minimum employment law requirements and adhere to best practice to ensure that they can reap the rewards of an engaged, motivated and skilled workforce, whilst mitigating the risks of legal disputes.
If you have any questions in relation to apprenticeships, particularly contractual terms, please do not hesitate to contact a member of the AfterAthena team (part of the Napthens Group) who are able to offer 30 minutes of free advice to QCS members.
