Can an Apprentice Be Made Redundant? UK Rules Explained

An apprenticeship is a great way for students to get the necessary job experience for them to succeed in their future career. It gives employers a chance to develop a great new workforce, get a fresh batch of ideas into their company and there are other benefits. 

Unfortunately, just as with any other employee of a company, a situation can present itself in which an apprentice must be made redundant. 

It might never happen, but it is a serious question that must be asked and answered just in case you find yourself in such a situation. 

To make an already tricky scenario easier to navigate, our experts have created this article to answer your questions. 

What is an apprentice?

To look at the rights of apprentices and employees, we need to first find the legal definition of what an apprentice is. 

According to LexisNexis, an apprentice is “a person who is engaged by someone to be taught a trade or skill”. 

Just like regular employees, need a signed contract of employment. In their case, it is called an apprenticeship agreement and outlines their working conditions, pay and more. 

Apprentices have the same employment rights as other employees of the company. However, a separate National Minimum Wage exists for apprentices. 

These employment rights mean that apprentices have the same right to breaks and holidays, as well as working a maximum of 48 hours a week on average. 

The only exception is for people under 18, who have additional rights around working no more than 8 hours a day or 40 hours a week. 

Can an apprentice be made redundant in the UK?

Now that we have a bit more clarity on what an apprentice is, we can more clearly answer the question if an apprentice can be made redundant. 

In short, the answer is yes. Just like any employee, an apprentice can be made redundant. 

However, the legality of apprentice redundancy is a little different in England and Wales than they are in Scotland. 

When is making an apprenticeship redundant legal in England and Wales?

In England and Wales, apprentices have the same procedures and criteria for dismissal as regular employees: 

• Employers have to prove a valid reason for dismissal.  
• The decision must be balanced, fair and consistent. 
• It must follow a full and fair procedure that is in line with the Acas Code of Practice 

According to the Employment Rights Act, a valid reason for an apprentice in England and Wales to be dismissed is one of the following reasons: 

• When the apprentice has done something seriously wrong, also known as misconduct. 
• When the apprentice is not able to do the job. 
• When the job is no longer needed, which is known as redundancy. 
• When an employee cannot legally do their job, because of a ban or revoked drivers license for instance. 
• Other ‘substantial’ reasons, such as a contract ending or an employee refusing the new terms and conditions. 

 Employers should typically only consider make an apprentice redundant for the following reasons: 

• If the organisation is closing or already closed. 
• If the organisation is changing how many roles they need to do the work. 
• If the organisation is moving or changing location. 

What happens if you lose your job during an apprenticeship?

If you are an apprentice and you have been made redundant, you should reach out to your training provider or manager. They might be able to help you find a new placement or can provide further support. 

Your training will be funded for at least 12 weeks after redundancy, to give you time to find another place to continue your apprenticeship. 

If you struggle to find an employer to continue your apprenticeship with, you might still finish your assessment if you: 

• Have less than 6 months of training left.
• Have finished 75% or more of your training. 

Employer responsibilities for apprenticeship redundancy

As an employer, you have certain responsibilities to ensure your apprentices are treated fairly. 

This includes the responsibilities you have to follow the usual redundancy process where you must: 

• Provide evidence that the redundancy is a business need. 
• Ensuring that any apprentices chosen for redundancy have been selected fairly and reasonably. 

You should also give them support in finding another apprenticeship elsewhere. You should also instruct them to reach out to get more support from their training provider or from the government. 

Do apprentices get redundancy pay?

Yes, but only after they have been in service for at least two years. This is the same for non-apprentice employees as well. 

The apprentice redundancy pay is based on their age and how long they were employed for. 

• Half a week’s pay for each year of service aged under 22. 
• One week’s pay for each year of service aged 22 – 40. 
• One and a half week’s pay for each completed year of service aged 41 or over. 

Why choose Total People as your apprenticeship provider?

Total People is all about building up a workforce with fresh minds and motivated people. As a training and apprenticeship provider, we pride ourselves in picking the right people for the job. We also provide all the support an apprentice or employer could need during their collaboration together. 

Interested in learning more? Contact us today and let us show you how we can help.