Apprenticeships have grown in popularity over recent years, and I am sure the majority of businesses will have at least considered taking on an apprentice at some stage.

There has undoubtedly been a big increase in the number of apprentices working with businesses in Shropshire – but there can be some confusion about an apprentice’s employment status.

Apprentices used to be engaged as common law apprentices with rights far beyond those of an ordinary employee.

This actually discouraged some businesses from engaging apprentices because of concerns that it would be difficult to terminate their employment – even if there were serious or persistent performance or conduct issues, or if a redundancy situation arose – without risking breach of contract claims.

Such a claim could be extremely costly to the business as it would include not only loss of earnings and training for the remainder of the term but also an award for loss of future career prospects.

Things have changed with the introduction of legislation relating to apprenticeship agreements and, more recently, the approved English apprenticeship, which essentially gives apprentices only the same rights as ordinary employees – provided certain criteria are met and appropriately recorded.

This gives employers greater flexibility in managing their business and staffing options.

I would urge any employer considering taking on an apprentice to seek professional advice from an employment lawyer to ensure the relevant criteria are met for approved English apprenticeships, and to prepare the necessary documentation to record this.

If the criteria are not met and recorded appropriately, the apprentice is likely to be a common law apprentice with enhanced rights.

For more information, contact Charlotte on 01691 663778.