Practices may employ apprentices for any number of reasons, chief of which are the cost savings available given that a lower minimum wage applies specifically for apprentices aged under 19, or aged 19 and over who are in the first year of their apprenticeship.
But there are non-financial benefits for employers too. They can train apprentices not only in how to perform the role, but in how to do so in line with their preferred methods. This can result in employees who not only can undertake the roles required but can be moulded in the employer’s ways of working from the outset, rather than seeking to change what has been learned previously.
Apprenticeships in the profession
Veterinary medicine is well acquainted with apprenticeships as a way of bringing more people into the profession with options for careers as a veterinary nurse, veterinary assistant, veterinary receptionist, animal trainer, animal care and welfare assistant, or equine groom. Frameworks for learning include animal care (levels two and three), nursing assistants in a veterinary environment (level two), veterinary nursing (level three) and farriery (level three).
Veterinary medicine is well acquainted with apprenticeships as a way of bringing more people into the profession
Further, many organisations are involved with apprenticeships. Vets4Pets offers both clinical and non-clinical apprenticeships – the latter covering areas of its business from customer service to IT and trainee solicitors. The PDSA offers the same, but for veterinary nurses, veterinary assistants, business administration and contact centres.
But while many study to a given framework level, in September 2020 the University of Nottingham launched what was claimed to be the country’s first degree-level apprenticeship for the veterinary profession (Andrews, 2020). Developed with employers to provide the skills the industry needs, its new degree apprenticeship is being delivered by the School of Veterinary Medicine and Science.
How are apprenticeships funded?
The Apprenticeship Levy was introduced in April 2017 by the government and applies to all employers paying a wage bill of more than £3 million per year. Employers that meet this criterion must pay 0.5 percent of their payroll each month as a levy tax. This levy can then be drawn down and spent on their workforce in the form of apprenticeship training.
Since the introduction of the levy, the entire apprenticeship landscape has changed, with new workforce development programmes being created by employer groups known as “trailblazers”. The new apprenticeship standards are being developed from level two up to level seven, which is the equivalent of a master’s degree. Many of the standards also include valuable professional qualifications.
Where the levy becomes interesting for small and medium-sized enterprises is that employers with a wage bill of less than £3 million are not subject to the Apprenticeship Levy
Where the levy becomes interesting for small and medium-sized enterprises is that employers with a wage bill of less than £3 million are not subject to the Apprenticeship Levy. However, they are able to access funding for up to 10 employees with the government contributing 95 percent towards the cost of apprenticeship training.
Types of apprentice agreement
The practicalities of employing and dismissing apprentices depends largely on the type of apprenticeship agreement in use. Using the wrong contract is the main pitfall for employers to be wary of; it can make dismissing an apprentice, even for gross misconduct, high risk. There are two types of apprenticeship agreement: approved English apprenticeship agreement and common law contracts of apprenticeship. Each will be discussed below.
Approved English apprenticeship agreement
If a business operates within a sector for which the government has published an approved apprenticeship standard (which applies to most sectors) then it should seek to engage apprentices on an “approved English apprenticeship agreement”. This is governed by the rules under the Apprenticeships, Skills, Children and Learning Act (ASCLA) 2009.
Employers can check the list of sectors for which approved standards have been produced or see an example of the standards and required learning outcomes on the Institute for Apprenticeship’s website.
There are many reasons why an employer may seek to end an apprenticeship agreement early, including a downturn in work, poor attitude to work or attendance issues. It is much easier to dismiss an apprentice employed under an approved English apprenticeship agreement as they are treated far more as a standard employee would be in terms of their employment law rights.
If a dispute arises over the nature of a particular apprenticeship the courts will determine which form of apprenticeship agreement is in place. The ASCLA sets out various criteria that the contract must meet to be classified as an approved English apprenticeship agreement. If a contract does not comply with the provisions of the ASCLA and fails to include all the relevant provisions required, it may be determined that a common law contract of apprenticeship has been entered into.
Common law contracts of apprenticeship
Traditional apprenticeships are a contract under common law in England and Wales. The primary purpose of the contract of apprenticeship is training and teaching, to enable the apprentice to secure the required qualification. Work is only a secondary purpose of the contract.
A traditional apprenticeship cannot be lawfully terminated before the expiry of the fixed-term contract, except in exceptional circumstances. This is because the contract is entered into to enable the apprentice to receive training and obtain qualifications as a means to obtain better employment. This gives the apprentice far greater employment rights than an ordinary employee.
If an employer terminates a contract of apprenticeship early, and as a result deprives the apprentice of training, the apprentice is entitled to claim damages for wrongful dismissal under the contract. The remedy for such a claim would include their loss of earnings for the remainder of the fixed-term apprenticeship in addition to damages for future loss of earnings and prospects as a qualified person. This applies even if the individual is a poor performer or is having difficulty passing any of the exams. The apprentice would also be able to make a claim regardless of whether there are conduct issues such as timekeeping and attendance. Even a genuine redundancy situation, such as a downturn in work, would not entitle an employer to terminate a traditional apprenticeship agreement (regardless of the length of service).
Employers can still discipline a traditional apprentice, but it will only be safe to dismiss, except in exceptional circumstances, in certain situations. These situations include where an employer completely closes down the business, or where the nature of an employer’s business changes to such an extent that they cannot properly teach the apprentice the trade or profession that was intended to be taught. The latter would include acts of serious gross misconduct and continual neglect of duties or serious incapacitation on behalf of the apprentice to the extent that it has become impossible for the employer to continue to teach the apprentice (subject always to following a fair dismissal procedure). It also includes instances where the agreement is terminated by genuine, mutual agreement.
Terminating employment at the expiry of the apprenticeship
The expiry of any fixed-term employment contract constitutes a dismissal and as such employers need to have both a fair reason and follow a fair procedure in doing so
The expiry of any fixed-term employment contract constitutes a dismissal and as such employers need to have both a fair reason and follow a fair procedure in doing so if they are to minimise the risk of resultant claims. In many instances this will be “some other substantial reason” and the employer will be able to say that the apprenticeship was a one-off agreement and there is no need for it to be renewed once it has been completed and a qualification obtained. At the end of the fixed term the apprentice will not be deemed redundant if they do not get a new contract and, therefore, they will not be entitled to redundancy pay.
Training fee agreements
Training fee agreements are not uncommon for apprentices; however, employers need to be mindful of how the apprenticeship has been funded. If the co-funded levy has been utilised, an apprentice cannot be required to contribute towards this on termination or otherwise, including as part of any training fee agreement.
Questions on the future of the scheme
There is criticism that the apprenticeship scheme isn’t working. According to the latest government figures released in April 2022, under-19s accounted for just 28 percent of apprenticeship starts in 2021/22 (Clarke, 2022). The author said that “a lot of companies are using [the levy] as a means to help their existing staff study for degrees as an aid to retaining valuable people within their organisation”, as opposed to bringing in new apprentices.
There are significant barriers to businesses taking on more young apprentices including the sheer volume and complexity of paperwork and the time and effort required to fill it in
Further, there are significant barriers to businesses taking on more young apprentices including the sheer volume and complexity of paperwork and the time and effort required to fill it in – a situation made worse because of the pandemic (Clarke, 2022). Now there are inflationary pressures to cope with and firms have enough on their plates just trying to stay afloat, let alone having the time or incentive to think about training. Employers seem to want fully formed members of staff but that means wage inflation as the best are sought out. One solution may be for a proportion of the levy to be ringfenced for under-19s along with a simplification of the apprenticeship process (Clarke, 2022).
Final thoughts
Apprenticeships provide an attractive means of employment for a number of reasons, not least financial. While apprentices are employed to learn, they also have rights. Their position is not sacrosanct but good advice is necessary if they are to be dismissed.
