Scott Hill

Apprentice doesn't have contracted hours

Created

Hi,

We have an apprentice whose employer will be amending their contract of employment to remove any mention of the number of contracted working hours. Instead, the apprentice will be contracted to work Monday to Thursday with no set hours. We need to update the apprentices commitment statement (21/22 starter) following a change in circumstance related to something else, and we were planning on updating the working hours on the document simultaneously, but we're unsure how to administrate this. If the apprentice does not have contracted working hours, how would we represent that in the commitment statement? How would this also factor into the calculation for the minimum 20% off-the-job requirement (i.e if there isn't a figure for working hours, how would we know at the end of the programme if they've met the minimum)? If anybody has encountered this before, advice would be greatly appreciated.

Thanks in advance.

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Steve Hewitt

From Off The Job Guide here Apprenticeships: off-the-job training - GOV.UK (www.gov.uk):

87. How is off-the-job training delivered when there is a zero-hours contract is in place?
If an apprentice has a zero-hours contract, the duration of the apprenticeship must 
be extended in proportion to the hours they usually work (based either on historical 
patterns of work or future projections). An apprentice with a zero-hours contract 
must still undertake their off-the-job training during their (paid) working hours.

Martin West

The principal statement must include: hours and days of work , if not It does not meet the legal requirement.

Ruth Canham-James

Martin West The rules specifically say that a zero hours contract should not be a barrier to doing an apprenticeship. 

It sounds like a nightmare to track and manage, but it is allowable.

Martin West

Yes can be zero hrs contract but where not must specify hours of work, its one or the other to be legal,