Apprenticeship Going Wrong: Your Options

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‍‌​​‌‌‌​​​​‌‌​‌​‌​‌​​​​‌‌‌​‌‌​​​‍# My Apprenticeship Is Going Wrong, What Are My Rights?

If your apprenticeship is going wrong, you are not stuck and you are not there to be a punchbag or cheap labour. You've got legal rights, even if no one on site has ever mentioned them.

1. What "going wrong" looks like

Common red flags:

• You're doing nothing but labouring · sweeping, lumping, tea runs · with no real training or chance to practise your trade skills
• You're being stopped from going to college or day release, or pressured to miss exams to "keep the job moving"
• You're working stupid hours, nights and Saturdays as standard, or doing jobs far beyond what you've been trained for
• You're being shouted at, humiliated, threatened, or worse · and it's being brushed off as "banter" or "toughening you up"
• Your wage is below the legal apprentice minimum, or they're deducting money for tools and PPE so your effective hourly rate drops below minimum wage

If any of that sounds familiar, your apprenticeship isn't "normal", it's broken. And your employer is likely breaching your agreement and employment law.

2. Your apprenticeship agreement is a legal contract

You're not "just a trainee." You're an employee with a specific type of contract that comes with extra training obligations on your employer's side.

Modern apprenticeships in England run on an apprenticeship agreement, which is a contract of employment governed by the Apprenticeships, Skills, Children and Learning Act 2009 and the current funding rules. It must set out:

• Your job role and employer details
• The apprenticeship standard or framework you're working towards
• Your training plan and who delivers it
• Your pay and working hours
• How much off-the-job training you'll get · this must be at least 20% of your paid working hours (6 hours per week minimum for a full-time apprentice under current ESFA funding rules)

If your employer is using you purely as cheap labour and not providing the training set out in that agreement, they are in breach of the contract and potentially in breach of the funding conditions.

What to do:

1. Dig out your apprenticeship agreement and read it line by line
2. Make notes where reality doesn't match what's written · specific dates, examples, hours of training actually received
3. That's your starting evidence if you need to escalate

3. Pay: what you're actually owed

The rules on apprentice pay are clear, and from April 2026 the rates have gone up.

From 1 April 2026, the apprentice National Minimum Wage is £8.00 per hour. This rate applies if:

• You are under 19, OR
• You are 19 or over and in your first year of the apprenticeship

After your first year (or from age 19 if you started under 19 and have completed a year), you must be paid at least the full NMW for your age band:

Employers cannot make deductions for training, tools, PPE, uniforms or workwear that bring your effective hourly rate below the legal minimum. Under the National Minimum Wage Act 1998, any deduction for the employer's benefit that reduces pay below NMW is unlawful.

How to check:

• Look at your payslip · take your gross pay (before tax) and divide by total hours worked that week, including any time spent on training
• If it comes out below your legal minimum rate, they are underpaying you
• If they won't fix it when you raise it, contact ACAS or the HMRC National Minimum Wage helpline

4. Hours and working time

You're covered by the Working Time Regulations 1998, the same as every other worker, with extra protection if you're under 18.

If you're 18 or over:

• Maximum average of 48 hours per week (averaged over 17 weeks) unless you've voluntarily signed an opt-out in writing · and "voluntarily" means your choice, not something you were pressured into on day one
• At least 11 consecutive hours rest in every 24-hour period
• At least 24 hours uninterrupted rest per week (or 48 hours per fortnight)
• A 20-minute rest break if your working day is more than 6 hours

If you're under 18 (young worker):

• Maximum 8 hours per day and 40 hours per week · no averaging, no opt-out
• At least 12 consecutive hours rest in every 24-hour period
• At least 48 hours uninterrupted rest per week (not per fortnight · every week)
• A 30-minute rest break if your working day is more than 4.5 hours
• No night work between 10pm and 6am (or 11pm and 7am depending on the contract), except in very limited justified circumstances

If you're regularly being worked beyond these limits, or punished for refusing, that's not just "the trade", it's a breach of working time law and your employer is liable.

5. If your employer goes bust

If the firm folds, your apprenticeship doesn't vanish with it.

Your training provider (college or private provider) and CITB have systems to help apprentices find a new employer and carry on where you left off.

When Carillion collapsed in 2018, CITB stepped in to re-home over 1,400 apprentices. They've done this before and they know the drill.

Your progress transfers:

• Units and modules you've passed
• On-site training hours logged
• Assessment results and portfolio work
• Off-the-job training records

You should not have to start from scratch.

What to do:

1. Ring your training provider immediately and tell them what's happened
2. Call CITB on 0344 994 4400 and ask what support is available
3. Keep copies of your apprenticeship agreement, college reports, logbooks, and any online evidence of your training hours

The new employer picks up the remaining government funding for your apprenticeship, so taking you on costs them less than hiring a brand-new apprentice. That works in your favour.

6. Switching employers mid-apprenticeship

If the company is toxic, giving you no training, or simply not the right fit, you can move.

Apprentices can switch employers mid-programme. The Education and Skills Funding Agency (ESFA) funding rules allow transfers: the paperwork and remaining funding move with you to the new employer.

Your off-the-job training hours, completed modules, and assessment results all transfer. The new employer picks up from where you are, not from zero.

How to make it happen:

1. Speak to your training provider's welfare or safeguarding team and explain what's going on · be specific about what's not working
2. They can help you find another employer who's taking apprentices in your trade
3. They handle the funding transfer and admin · you don't need to sort ESFA paperwork yourself
4. If your training provider isn't being helpful, contact the National Apprenticeship Service on 0800 015 0600

You are not trapped. Moving is a process, not a drama, training providers do this regularly.

7. Bullying and harassment

You don't have to tolerate abuse to "earn your stripes."

Bullying: shouting, humiliation, threats, constant put-downs, exclusion, unreasonable workloads designed to make you fail, is not acceptable in any workplace. While bullying that isn't linked to a protected characteristic isn't a standalone criminal offence, it can still be addressed through grievance procedures, and employers have a duty of care under common law and the Health and Safety at Work Act 1974 to provide a safe working environment, including psychological safety.

Harassment is unlawful under the Equality Act 2010 when it's related to a protected characteristic: age, race, sex, disability, gender reassignment, religion or belief, sexual orientation, pregnancy or maternity. Your employer is liable for harassment carried out by their staff during work, unless they can show they took all reasonable steps to prevent it.

A pattern of serious bullying can also be a criminal matter under the Protection from Harassment Act 1997 if there's a "course of conduct", at least two related incidents that a reasonable person would consider harassment.

If you're being bullied or harassed:

1. Write down specific incidents · dates, times, exactly what was said or done, who was there
2. Keep any messages, texts or voice notes that show what's happening
3. Report it to your training provider and ask them to log it formally · they have safeguarding duties
4. If your employer has a grievance procedure, use it in writing
5. Call ACAS on 0300 123 1100 or Citizens Advice on 0800 144 8848 if nothing changes

Being 17 or 18 doesn't mean you have to put up with what a 40-year-old wouldn't.

8. Redundancy and being pushed out

They can't just get rid of you to dodge paying proper wages.

On a modern apprenticeship agreement, you have the same basic employment rights as other employees: notice, holiday pay, sick pay, and · after 2 years' continuous service · protection against unfair dismissal and the right to statutory redundancy pay.

Watch for this pattern: you're approaching your 19th or 21st birthday (when full NMW kicks in), or you're nearing the end of your first year, and suddenly you're being "let go." If the real reason is to avoid the wage increase, that could be:

• Age discrimination under the Equality Act 2010
• Unfair dismissal if you have 2+ years' service
• A breach of the apprenticeship agreement if the term hasn't been completed

Similarly, dismissing an apprentice because they're pregnant, disabled, have raised a health and safety concern, or have asserted a statutory right (like asking to be paid minimum wage) is automatically unfair regardless of length of service.

A proper redundancy process requires: consultation, fair selection criteria, proper notice, and redundancy pay if you qualify.

If redundancy is on the table:

1. Talk to your training provider first · they can protect your apprenticeship even if the employer folds or lets you go
2. Call ACAS on 0300 123 1100 to check whether it's being done properly
3. Don't sign anything until you've had advice

9. When it's so bad you want to quit

If the job is making you ill, you might feel like walking out. Get advice first.

Constructive dismissal is when you resign because your employer has fundamentally breached your contract, for example, not paying you, serious unchecked bullying, refusing to let you attend college, or completely removing all training.

It's legally complex:

• You generally need 2 years' continuous service to bring an unfair constructive dismissal claim at a tribunal (though some exceptions apply for automatically unfair reasons)
• You should normally raise a formal grievance first to show you tried to resolve the problem
• Resigning without taking advice first can weaken your position in any future claim

Before you resign:

1. Talk to your training provider · they may help you switch employers without you needing to resign at all
2. Call ACAS on 0300 123 1100 and explain everything · ask specifically whether you should raise a formal grievance first
3. Call Citizens Advice on 0800 144 8848 if you need help with money or housing that's affected by losing the job

Walking out feels like the answer when you're at breaking point. But five minutes on the phone to ACAS might open a door you didn't know existed.

What to do next

1. If you're being underpaid, check your payslip against the rates in section 3 · if it's below minimum wage, that's unlawful and fixable
2. If you're not getting training, dig out your apprenticeship agreement and note what's missing (section 2)
3. If you're being bullied, start writing things down today (section 7)
4. Talk to your training provider's welfare team · they are there for exactly this
5. If your employer has gone bust, call CITB on 0344 994 4400 today

Sources

• Apprenticeships, Skills, Children and Learning Act 2009 · legislation.gov.uk/ukpga/2009/22
• National Minimum Wage Act 1998 · legislation.gov.uk/ukpga/1998/39
• National Minimum Wage Regulations 2015 · legislation.gov.uk/uksi/2015/621
• Working Time Regulations 1998 · legislation.gov.uk/uksi/1998/1833
• Equality Act 2010 · legislation.gov.uk/ukpga/2010/15
• Protection from Harassment Act 1997 · legislation.gov.uk/ukpga/1997/40
• Employment Rights Act 1996 (unfair dismissal, redundancy, constructive dismissal) · legislation.gov.uk/ukpga/1996/18
• Health and Safety at Work etc. Act 1974 · legislation.gov.uk/ukpga/1974/37
• ESFA Apprenticeship Funding Rules 2025/26 · gov.uk/guidance/apprenticeship-funding-rules
• CITB Apprenticeship Support · citb.co.uk

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