Your Rights as an Apprentice: Pay, Hours and What Your Employer Must Provide

‍‌​​‌‌‌‌​​​‌‌​​‌​‌​​​​​​‌‌​​‌​‌‌‍# S21. Apprenticeship rights and pay - what you're entitled to

An apprenticeship is a job and a training programme. You're not cheap labour; you're an employee with extra rights and some specific pay rules.

1. THE SHORT VERSION

From 1 April 2026, the legal minimum for apprentices is £8.00/hour for under‑19s and for anyone 19+ in their first year.

After your first year, you must get at least the normal minimum wage for your age, not the apprentice rate. A 20‑year‑old in year 2 cannot legally stay on the apprentice rate.

On top of that, you get holiday, rest breaks, training time in paid hours, and the usual employee protections.

2. WHAT AN APPRENTICESHIP LEGALLY IS

Modern apprenticeships in England sit on a legal framework from the Apprenticeships, Skills, Children and Learning Act 2009 and updated rules.

Key points:

• You're employed under an apprenticeship agreement – a specific form of employment contract.
• The apprenticeship must follow an approved standard or framework, ending in a recognised qualification or assessment.
• There must be a real job, with proper on‑the‑job training and off‑the‑job learning (college, block release, online, etc.).
• You are an employee, not just "on placement".

3. PAY: WHAT YOU'RE LEGALLY OWED FROM APRIL 2026

From 1 April 2026, the government‑set minimums are:

How this applies to you as an apprentice:

• If you're under 19: the legal minimum is £8.00/hour for the entire apprenticeship.
• If you're 19 or over:
  • In your first year of the apprenticeship: minimum £8.00/hour.
  • From the start of year 2 onwards: you must get at least the age‑appropriate rate (not the apprentice rate).
  • Example: 20‑year‑old in year 2 → at least £10.85/hour.
  • Example: 22‑year‑old in year 2 → at least £12.71/hour.

If your employer pays less than these rates, they're breaking National Minimum Wage law.

4. WORKING HOURS, TRAINING TIME AND HOLIDAY

Working hours and rest As an apprentice, you have the same working‑time rights as other employees:

• Maximum average 48 hours per week (unless you validly opt out and are old enough).
• Daily and weekly rest breaks – usually 11 hours between days and one day off per week (or 2 days in 14).
• For under‑18s there are stricter limits on maximum hours and night work.

Training time (the 20% rule) Employers must give apprentices paid time for learning:

• At least 20% of your normal working hours must be off‑the‑job training – college days, block release, structured learning, mentoring, etc.
• That training time must be in paid hours, not tagged on in your own time for free.

If you're being told to do college/portfolio work only in your own time and unpaid, that's not how the rules are meant to work.

Holiday

• You're entitled to at least 5.6 weeks' paid holiday per year, pro‑rata if you're part‑time – same as any employee.
• That's usually 28 days including bank holidays for a full‑timer, but contracts can structure it differently as long as they meet the minimum.

5. EMPLOYMENT RIGHTS AS AN APPRENTICE (BEYOND PAY)

Apprentices have core employment protections just like other employees, including:

• A written statement of employment particulars (contract info) early on.
• Statutory notice if your contract is ended (after a month's service).
• Protection from discrimination, harassment, victimisation from day one.
• Health and safety protections – they must train and protect you, not just throw you in.
• After the relevant qualifying period (currently 2 years for ordinary unfair dismissal; moving to 6 months from 2027), protection from unfair dismissal like other employees.

Modern apprenticeship agreements (the usual legal form now) sit inside the Employment Rights Act framework so you get the standard rights.

6. RED FLAGS: WHEN YOUR APPRENTICESHIP IS BEING ABUSED

Signs your "apprenticeship" is not being run properly:

• Pay below the legal rates given your age and apprenticeship year.
• No real training or college – you're just cheap labour with "apprentice" in the job title.
• Training or portfolio work only in unpaid extra time, not within your paid hours.
• Regular hours far above what's legal for your age, with no proper breaks.
• Being pushed into unsafe work with no training, supervision or PPE.

If that's happening, it's not just "toughening you up" – it may be unlawful.

7. QUICK CHECKLIST – AS AN APPRENTICE IN 2026

Ask yourself:

• How old am I, which year of apprenticeship am I in, and does my hourly rate match the legal minimum for that combo?
• Do I have at least some off‑the‑job training during paid hours, roughly 20% over time?
• Do I get holiday pay, payslips, and proper breaks like any other worker?
• If I'm being told to do dangerous work, have I been trained and supervised properly, with the right kit?

If the answer to any of those is "no", that's the point to talk to your training provider, union, ACAS, or an advice service – and you can do that without losing your basic rights.

WHAT TO DO NEXT

• Check your hourly rate against the table in this guide - make sure it matches your age and apprenticeship year.
• Confirm you are getting at least 20% of your working hours as paid off-the-job training.
• Make sure you have a written apprenticeship agreement - it is a legal requirement.
• If your pay or training is not right, speak to your training provider or ACAS before it gets worse.
• Look at S22 to understand how your NVQ qualification fits into the bigger ladder.

SOURCES

• National Minimum Wage Act 1998. https://www.legislation.gov.uk/ukpga/1998/39
• Apprenticeships, Skills, Children and Learning Act 2009. https://www.legislation.gov.uk/ukpga/2009/22
• Employment Rights Act 1996. https://www.legislation.gov.uk/ukpga/1996/18
• GOV.UK - Apprenticeship minimum wage rates. https://www.gov.uk/national-minimum-wage-rates

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