In the UK, apprenticeships are a key pathway into skilled employment, blending on-the-job training with formal education. But employers sometimes misunderstand the legal obligations that come with hiring an apprentice. This guide outlines the core apprentice employment rights UK businesses must know, including pay, working hours, holiday entitlements, training duties, and protections under the Employment Rights Act 1996.
Understanding apprentice employment rights and responsibilities isn’t optional. It’s the law. And getting it wrong can result in legal disputes, financial penalties, and reputational damage. With over 752,000 people participating in apprenticeships in England during 2023–24, the stakes are high for employers to get it right.
Do apprentices have employment rights?
Yes, they do. Apprentices have employment rights just like any other employee, but with some key differences.
Apprenticeships in the UK fall under two categories:
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Apprentices employed under an apprenticeship agreement (covered by the Apprentice Employment Rights Act 1996, as amended)
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Apprentices employed under a traditional contract of apprenticeship (common law)
Most apprentices today are hired under the modern apprenticeship agreement, which is a contract of employment with specific conditions. This gives them the same employment protections as standard employees, including:
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Protection against unfair dismissal after two years
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Statutory sick pay
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Holiday pay
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National Minimum Wage (with specific rates for apprentices)
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Access to grievance procedures
However, the contract of apprenticeship (the older model) gives even greater protection. For example, if you end the apprenticeship early without good cause, the apprentice could sue for the full value of the contract, even the remaining months or years they would have worked.
Pay rates for apprentices
Apprentices are entitled to the National Minimum Wage, but the rate depends on age and stage of apprenticeship.
As of April 2025, the NMW apprentice rate is:
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£7.55 per hour – for apprentices under 19 or those aged 19+ in the first year of their apprenticeship
After the first year, if the apprentice is 19 or older, they’re entitled to the full minimum wage for their age group.
Example:
Emily is 20 and starts a two-year apprenticeship. In her first year, she earns the apprentice rate of £7.55/hour. In her second year, her pay must increase to at least the minimum wage for a 20-year-old (currently £10/hour).
Failing to pay the correct rate is a breach of apprentice employment rights UK and could lead to a HMRC investigation or tribunal claim.
Working hours and rest breaks
Apprentices are subject to the same rules on working hours as other workers under the Working Time Regulations 1998. This includes:
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No more than 48 hours per week (averaged over 17 weeks), unless they opt out
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At least one day off per week
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A 20-minute break if the shift is longer than 6 hours
Apprentices aged 16 or 17 have stricter limits:
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No more than 8 hours per day and 40 hours per week
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30-minute breaks if working more than 4.5 hours
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At least two days off per week
Employers must monitor working time to protect young workers' health and safety - failure to do so may breach apprentice rights of employment.
Holidays and time off
Apprentices are entitled to at least 28 days of paid holiday per year (including bank holidays), pro-rata for part-time roles. This is the same as standard employees.
Training days don’t count as holidays
If an apprentice attends a college course or training day during their normal working hours, that time cannot be deducted from their holiday entitlement. Training is part of the job.
This is a common error: some employers wrongly assume classroom time doesn’t “count” as work, but legally, it does.
Training requirements under an apprenticeship
Training is not optional. It’s a legal requirement that at least 20% of an apprentice's paid hours must be spent on off-the-job training.
This training might include:
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Attending college or university
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Online learning
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Coaching and mentoring sessions
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Industry-specific skills development
The training must be directly relevant to the apprenticeship and must take place during paid hours. Expecting apprentices to complete training outside of work hours without pay is a violation of employment rights apprentices UK law.
Protections under the Employment Rights Act 1996
The Apprentice Employment Rights Act 1996 gives apprentices protection under the broader umbrella of the Employment Rights Act 1996, including:
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Written statement of employment particulars within two months of starting
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Statutory notice periods
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Protection from unfair dismissal after two years
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Redundancy pay (if applicable)
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Right to join a trade union
Employers should ensure all apprentices receive a formal apprenticeship agreement that includes job duties, working hours, apprentice wage rates, and training details. This helps both parties understand their apprentice employment rights and responsibilities.
Dismissal and redundancy rules for apprentices
Dismissing an apprentice is not the same as dismissing a standard employee. If the apprentice is under a traditional contract of apprenticeship, you may only dismiss them for serious misconduct or if the business closes down entirely.
If you try to terminate a traditional apprenticeship early for performance reasons, it could be treated as a breach of contract, and the apprentice may claim loss of future earnings.
Apprentices on modern agreements have the same rights as regular employees regarding dismissal, but employers must follow fair procedures and provide written warnings, especially if the apprentice has over two years of service.
Redundancy
If an apprentice is made redundant, they are entitled to:
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Statutory redundancy pay (if employed for two years or more)
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Notice pay
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Outstanding holiday pay
Employers should consider offering alternative employment or training options first.
Record-keeping and compliance
Employers must keep accurate records of:
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Hours worked
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Pay rates
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Holidays taken
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Training hours (to demonstrate the 20% off-the-job requirement is met)
Failure to meet these requirements can result in penalties from HMRC, Ofsted, or the Education and Skills Funding Agency (ESFA).
Apprentice employment rights are not optional
Employing apprentices brings many benefits, from fresh talent to long-term workforce development. But it also comes with legal obligations.
Understanding the apprentice employment rights UK framework - especially the protections under the Employment Rights Act 1996 - is essential for compliance. Whether you're hiring your first apprentice or managing a larger programme, don't cut corners on pay, hours, or training.
If you’re ever unsure, seek advice from ACAS, your HR team, or an employment law specialist. Remember: apprenticeship rights of employment are there to ensure young people and new professionals are treated fairly, and employers who get it right benefit too.
Why choose Total People as your apprenticeship provider
Partnering with Total People is about building a skilled, motivated workforce with the right support from day one. As one of the UK’s leading apprenticeship providers, Total People offers expert guidance on compliance, tailored training solutions, and dedicated account management to help your apprentices thrive.
Whether you're hiring for the first time or scaling up your programme, we make the process simple, effective, and fully aligned with legal requirements. Let’s build your future workforce, together. Contact us today.
