The following Employment guidance note provides comprehensive and up to date legal information covering:
A traditional contract of apprenticeship is a contract under which the apprentice is bound to the employer in order to learn a trade, and the employer agrees to teach and instruct him. The essential feature of an apprenticeship is that the apprentice contracts to be taught a trade or calling.
For further information, see Contract of apprenticeship, below.
In an attempt to improve training for employment, the Government first introduced a system of 'modern apprenticeship pacts' in 1994 (see Modern apprenticeship, below).
A more fundamental, statutory scheme of apprenticeship agreements was brought into force in 2011 under the Apprenticeships, Skills, Children and Learning Act 2009 (ASCLA 2009). A simplified scheme was introduced from 26 May 2015, but the old scheme continues to operate under transitional provisions.
Although a traditional contract of apprenticeship is not a contract of service, it is a contract of employment under the ERA 1996, and therefore an apprentice who enters into such a contract will be an employee. An apprenticeship agreement (provided it meets the requirements under the ASCLA 2009) is to be treated as a contract of service, and not a contract of apprenticeship.
For further information, see:
Apprenticeship agreements—ASCLA 2009
Apprenticeship agreements (old scheme)
Approved English apprenticeship agreements (new scheme), and
ASCLA 2009—Transitional provisions
Since 6 April 2017, certain employers have been obliged to pay the apprenticeship levy which is intended
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.