As highlighted in the recent article in Home Care Insight, taking on apprentices can be a huge asset to health and social care providers. Apprenticeships as work-based training programmes, allow young people to develop skills by working alongside experienced staff and can also be an answer to skills shortages in traditionally skilled occupations. As the article notes, the benefits of engaging an apprentice can include, cost-effective recruitment and training; increased productivity; long-term commitment and fantastic patient care. 

For many social care providers, however, apprenticeships are still unfamiliar territory. In short, from an employment law point of view:

• apprenticeships are work-based training programmes open to anyone over the age of 16 
• an apprenticeship is agreed upon for a fixed term (usually between one to four years) or until a level of qualification is reached 
• apprentices usually work for at least 30 hours a week, but the number of hours can be reduced if the length of the apprenticeship programme is extended
• apprentices under the age of 18, but over compulsory school age, have additional rights under the Working Time Regulations, in relation to young workers  
• apprentices are entitled to a minimum hourly wage rate
• the training element of the apprenticeship is usually fully or partially government funded

Currently, there are three main types of apprenticeship: common law apprenticeship; apprenticeship agreement (now only available for use in Wales); and approved English apprenticeship. Before entering into an apprenticeship agreement with a new apprentice, you must identify which type of agreement it is you are entering into and ensure that the agreement is drafted correctly to comply with the relevant statutory requirements. As an example, a common law contract of apprenticeship is usually for a fixed term and employers have only a limited right of dismissal before the end of the term, whereas apprentices engaged under apprenticeship agreements can be dismissed in the same way as ordinary employees. 

Whilst taking on apprentices can be a huge asset, caution should be applied when drafting a contractual apprenticeship agreement to ensure that it not only complies with the relevant requirements but also that it accurately and appropriately reflects the relationship you wish to create between the individual and the organisation.