What are the apprenticeship rules for employers
Hiring an apprentice or enrolling your employees into apprenticeships can help businesses develop new talent, close skills gaps and support long term growth. Understanding the apprenticeship rules for employers is essential to ensure your programme meets legal, funding and training requirements.
Key apprenticeship rules for employers
Employment requirement
To qualify for an apprenticeship, the individual must be employed in a real job role. Employers must provide a genuine position that allows the apprentice to develop the knowledge, skills and behaviours set out in the apprenticeship standard.
Apprentices can be new recruits or existing employees taking on an apprenticeship to develop their skills. The role must provide meaningful work and enable the apprentice to gain practical experience that aligns with their training programme.
Wage for Apprentices
Employers are legally required to pay apprentices at least the National Minimum Wage. From April 2026, the apprentice minimum wage is £8.00 per hour and applies to apprentices aged 16 to 18, as well as those aged 19 and over who are in the first year of their apprenticeship.
Once an apprentice aged 19 or over completes their first year, they become entitled to the National Minimum Wage or National Living Wage rate applicable to their age group.
The apprentice's employment contract should clearly state their pay, working hours and any additional benefits offered by the employer. Many organisations choose to pay above the minimum rate to remain competitive and attract high-quality candidates.
Working hours and training
Apprentices have the same employment rights as other employees, including rights relating to working hours, rest breaks and paid holiday entitlement.
In most cases, apprentices cannot be required to work more than an average of 48 hours per week, unless they voluntarily choose to opt out of the Working Time Regulations. Apprentices under the age of 18 have additional protections and generally cannot work more than 8 hours per day or 40 hours per week.
Employers must provide paid time for apprenticeship learning and training. As a general rule, apprentices should spend at least 20% of their normal working hours completing training activities related to their apprenticeship. This learning may take place in the workplace, at a training provider, at college or through online learning.
Time spent studying for any required English or maths qualifications must also be treated as paid working time.
Length of apprenticeship
Apprenticeships must lead to an approved apprenticeship standard and provide sufficient time for apprentices to develop the required knowledge, skills and behaviours.
Under current apprenticeship rules, training programmes must last for a minimum of 8 months, although many apprenticeships run for significantly longer depending on the occupation, qualification level and assessment requirements.
The apprentice must be employed in a genuine role that enables them to gain relevant workplace experience throughout the programme.
Employer responsibilities in an apprenticeship
Employers play a central role in ensuring apprentices receive a valuable learning experience while meeting apprenticeship funding and compliance requirements.
Key responsibilities include providing a contract of employment, paying the apprentice's wages, and putting an apprenticeship agreement in place before training begins. Employers must also ensure apprentices receive paid time for learning, training and assessment activities related to their programme.
Apprentices are entitled to the same workplace rights and benefits as other employees in comparable roles. This includes paid annual leave, statutory sick pay, workplace pension eligibility where applicable, and access to any benefits, mentoring or support programmes available to other members of staff.
Employers must also maintain a safe working environment and comply with all relevant employment, equality and health and safety legislation.
Apprenticeship funding rules for employers
Apprenticeship funding can only be used for eligible training and end-point assessment costs associated with an approved apprenticeship programme.
Funding cannot be used to pay apprentice wages, bonuses, travel expenses, accommodation, work equipment, recruitment costs or other operational business expenses.
To remain compliant with apprenticeship funding rules, employers should work with an approved training provider and ensure apprentices are employed in genuine job roles that support the achievement of the apprenticeship standard.
Start your apprenticeship journey with QA
QA have kickstarted the career of over 60,000 apprentices and supported businesses with over £500m of levy funding investment.
Our expert team can support your every step of the way in building and implementing an apprenticeship programme that delivers tangible results.
If you're looking to start an apprenticeship programme, book a free consultation with our team to find out more.
FAQs
What is off-the-job training?
Off the job training is learning that takes place during the apprentice's paid working hours and supports the achievement of their apprenticeship. It can include workshops, online learning, mentoring, project work and structured training activities that develop relevant skills and knowledge.
What can apprenticeship funding be used for?
Apprenticeship funding can be used for approved training and assessment costs associated with the apprenticeship programme. This includes delivery of training, learning support and end point assessment. It cannot be used to cover apprentice wages, travel costs, accommodation or capital expenditure.
What agreements are required for apprenticeships?
Employers must have an apprenticeship agreement in place with the apprentice. A training plan is also required, outlining the responsibilities of the employer, apprentice and training provider, alongside details of the programme and learning outcomes.
Do small businesses have different apprenticeship rules?
The core apprenticeship rules for employers apply regardless of business size. However, funding arrangements may differ. Smaller employers may be eligible for higher levels of government support and additional incentives depending on current apprenticeship funding policies.
How do I look for a training provider?
You can use the UK Government’s “Find Apprenticeship Training Service” to look for providers that deliver apprenticeships in areas where you need them. Or contact a Training Provider such as QA.
What are the eligibility rules for apprentices?
To qualify for an apprenticeship, individuals must be employed in a genuine role that provides opportunities to develop the knowledge, skills and behaviours required by an approved apprenticeship standard. Apprentices must be paid for both their working hours and training time and be able to complete the programme's training and assessment requirements.
How can QA help?
QA helps employers plan, optimise and deliver levy-funded training, from apprenticeships to targeted upskilling, ensuring your investment supports both immediate priorities and long-term growth.
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