Apprentices Overtime Rules in the UK

Apprenticeships are an amazing way for people to learn a whole new set of skills. It teaches these skills in a blend of practical and theoretical ways. The apprentices are spending part of their time learning off-the-job, and the rest of their time getting hands-on experience. 

Recruiting apprentices is an amazing investment for companies as well. The benefits of apprenticeships for employers are quite evident. Apprentices typically bring in between £2,500 and £18,000 per apprentice during their training. 

As such, it might seem very tempting to maximise the time an apprentice works. You might think that more time working means more revenue per apprentice, and more training for them to finish their studies. 

However, it doesn't quite work that way. You need to be very aware of the rules on apprentices doing overtime. Apprentices are protected by a set of rules and regulations that varies depending on their age. 

Let us tell you the rules are that you should be following when working with apprentices. 

Can apprentices work overtime? 

The answer to the question “can apprentices be made to work overtime” is a firm “yes, but…” 

As an employer, you need to be very mindful of the limitations to asking overtime from your apprentices. The rules are different for apprentices younger than 18 and apprentices 18 and over. 

Overtime for Apprentices 18+ Years Old 

For apprentices aged 18 and over, the rules for standard employees apply. As such, anything that would apply to a normal employee also be applied to the apprentices. 

This means that they are not allowed to work more than 48 hours per week on average. This average is taken over a period of 17 weeks. The apprentice can be asked to work 55 hours for 6 weeks in a row, provided that the remaining 11 weeks of work bring the average down to 48. 

Just like regular employees, the apprentice needs to have this clause explicitly stated in a signed document. Just be aware that for an apprentice, the conditions that are applicable to them are in their apprenticeship agreement, rather than a usual contract of employment. That means that there should be something in the apprentice agreement mentioning overtime. 

If this is not in there, it is not permitted to ask the apprentice to work overtime. 

You should also be aware that, just like any other employee, an apprentice has the right to sign an opt-out agreement. If signed, this means maximum working hours can be ignored with their permission. 

This opt-out agreement can only be signed on an entirely voluntary basis, and any attempts to make any employee or apprentice sign this agreement are illegal. 

Overtime for Apprentices Younger Than 18 

For apprentices that are younger than 18, the apprentice overtime laws are quite a lot stricter. 

Apprentices younger than 18 are not allowed to work overtime. The only exception is during a genuine emergency where there is no other adult worker available to cover for them. 

This is determined by an existing rule related to how many hours young apprentices can work. This rule says that young apprentices are not allowed to work more than 8 hours per day. This means that over the course of a week, the maximum number of worked hours is 40. 

This number of hours cannot be exceeded, even if the apprentice wants to and agrees to do so. There is no opt-out agreement available for young apprentices. 

Failure to comply with these regulations means you as an employer can face fines and penalties. 

What counts as an emergency for allowing overtime to young apprentices? 

The situations that count as genuine emergencies often involve entirely unforeseen circumstances. This means that the employer could not have predicted them. 

During such a situation, the apprentice is only allowed to work overtime if there are no other adults available to perform the task. Even then, the apprentice should be relieved of the task as soon as other people are available. 

These situations often need immediate attention, such as: 

• Sudden staff shortages in critical roles due to disease outbreak 

• Essential services at risk of failure 

• Risk of floods & natural disasters to cause further damages 

The situations that do not count as legitimate emergencies are: 

• Issues that arise due to poor planning and scheduling 

• Tasks that can be fulfilled later without resulting in critical and widespread problems 

• Solely helping to manage busy periods such as Christmas rushes or Black Friday sales 

How Does Overtime Impact Apprentice Training? 

It is important to be aware of how any overtime for apprentices plays alongside the required training hours. 

Any time an apprentice spends training off-the-job (i.e. any time spent following lectures, workshops, shadowing etc.) does count as working hours. This means they do count when calculating overtime averages. 

These are paid hours and will be treated as regular working hours for these purposes. 

Any hours spent working overtime also cannot be used as training for the minimum 20% off-the-job training requirement. Any training should take place during regular working hours where possible. 

If the training can only be done after work hours, the apprentice should get paid time off in lieu. Those hours spent also count towards the average for overtime calculations. 

Do Apprentices Get Overtime Pay? 

Apprentices aged 18 years and older generally get paid for overtime, as they have the same rights that apply to regular employees. 

If their contract states it, overtime is usually paid at a higher rate, with payments for overtime ranging between 1.5 times and 2 times the regular pay. 

How can Total People support you with apprenticeships? 

Our recruitment specialists can help you find the exact right apprentices for your company. We will work with you to make sure the apprentices are trained in the exact skills needed, and that means a boost in productivity and cost-effective recruitment. 

When working with apprentices, it demonstrates your investment in the next generation of employee, which really helps you take a leading position when it comes to nurturing a positive brand image. 

Excited to learn more about the many ways our team can help & train the right apprentices for the job? Reach out today and tell us how we can help.