Apprenticeships are an increasingly popular way for businesses to train new talent while giving individuals the chance to earn an income at the same time. While an apprenticeship is often a win-win situation, sometimes things do not go as planned. Our HR experts are regularly approached by employers asking ‘Can you sack an apprentice?’
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What Is An Apprenticeship?
An apprenticeship is an arrangement between an employer and an employee whereby the employee is employed to do a job while they work towards achieving a qualification. The qualifications an apprentice might work towards include a National Vocational Qualification, Foundation Degree, and GCSEs.
Do Apprentices Have Legal Rights?
Nowadays, most apprentices are employed under ‘modern apprenticeships’. Under a modern apprenticeship, apprentices are essentially employees. They are protected by the same employment legislation as other employees, and they enjoy the same legal rights. For example, apprentices are entitled statutory employment benefits, such as a minimum wage, sick pay, and holiday pay. In addition, if you need to make redundances while the apprentice is working for you, and the apprentice is selected for redundancy, they are entitled to redundancy pay if they have worked for you for two years or more.
Apprentices are also protected from unfair dismissal if they have been working for you continuously for at least two years. Accordingly, where an apprentice has been working for you for two years or longer, it is vital that you follow a fair process before deciding to dismiss them.
Can You Sack An Apprentice?
Yes, you can sack an apprentice just as you can sack any other employee. However, as is the case with any dismissal, you must ensure that your actions are fair and comply with the applicable employment legislation.
Since an apprentice is an employee, they can only be dismissed for the reasons that are considered fair under the Employment Rights Act 1996. Those reasons are as follows:
- Misconduct, such as theft, violence, or a serious breach of company rules.
- Capability, such as consistent underperformance despite support.
- Redundancy, provided it is genuine, such as genuine business closure or restructuring.
- Statutory restriction, such as if the apprentice loses a required qualification.
- Some other substantial reason, such as a breakdown of trust and confidence.
Whatever reason applies to the apprentice in question, you must follow a fair process. This involves conducting proper investigations, giving warnings where appropriate, consulting with the apprentice, and considering alternatives before dismissal.
What Is A Fair Process When Sacking An Apprentice?
You must follow a fair and transparent process before dismissing an apprentice. Failing to do so can leave your organisation vulnerable to an unfair dismissal claim.
Given the importance of following a fair process when sacking an apprentice, it is highly advisable to seek expert advice from expert HR consultants like us before proceeding.
Examples of the steps you should take when sacking an apprentice include the following:
• Carry Out A Thorough Investigation
You should collate all the pertinent facts relating to any performance issues, misconduct, or absences. This might involve speaking to the apprentice’s supervisors and reviewing their training records.
• Meet With The Apprentice
Meeting with the apprentice gives you the opportunity to discuss your concerns openly and affords the apprentice an opportunity to respond.
• Offer Support
Where the apprentice has performance issues, you should issue them with warnings and offer additional training or mentoring to see if their performance can improve. By their very definition, apprentices are in training, and employers should try to support them in their journey by providing the requisite support and guidance before resorting to a dismissal.
• Consultation
In cases of redundancy or business closure, you should consult with the apprentice as you would with any other employee.
• Notice
If you decide to sack the apprentice, you must provide the contractual or statutory notice to which they are entitled.
• Appeal
You should allow the apprentice the opportunity to appeal your decision to sack them.
In summary, while you can sack an apprentice, you must proceed with caution. Dismissal should always be a last resort, and the decision should only be taken after you have followed a fair procedure.
Dismissing an apprentice incorrectly can lead to significant financial and reputational consequences for your organisation.
Potential claims include the following:
- Unfair dismissal;
- Breach of contract;
- Wrongful dismissal; and
- Discrimination claims, if their dismissal is linked to protected characteristics, such as disability or age.
If you are considering dismissing an apprentice, our specialist HR consultants can help.
We advise employers on all types of apprenticeship matters, including devising legally compliant dismissal procedures. Our advice is concise, straightforward, and often instrumental in ensuring that our clients avoid costly employment tribunal claims.
Call us now on 01491 598 600 or Click Here to Make An Enquiry and we will be delighted to help you.
