Apprenticeships and rights during pregnancy and maternity

An apprentice is an employee with the same employment rights as other employees when it comes to pregnancy and maternity leave. Below we set out some frequently asked questions about apprenticeships.

Rights during pregnancy and maternity

Just as other employees, apprentices have a right to:

• Paid time off to attend antenatal appointments;
• A health and safety risk assessment if there is any evidence of workplace risk;
• Not to be discriminated against because you are pregnant; and
• To take up to 52 weeks of maternity leave;
• and may subject to eligibility requirements be paid statutory maternity, paternity, adoption, shared parental pay and sick pay (subject to the usual qualifications). 

Discrimination by Training and Learning Provider

Apprentices may also have a relationship with a training or learning institution in addition to the employment relationship. Apprentices are protected from discrimination under the Equality Act 2010. This includes protection from unfavourable treatment on the grounds of pregnancy and maternity leave and the Act applies to universities and institutions providing further or higher education. Students shouldn’t be discriminated against on the grounds of pregnancy and maternity.

Occasionally apprenticeships are provided in a three way or “tripartite” relationship between an apprentice, the employer and a private training provider. The private training provider is also covered by the Equality Act and must not offer less favourable goods, facilities or services because of pregnancy or maternity leave.

If your employer provides the training they must make sure that they are not treating you unfavourably because of your pregnancy or maternity leave. Examples of unfavourable treatment include withdrawing an apprenticeship offer because you are pregnant or refusing training opportunities because of your intention to take maternity leave.

If you are discriminated against by a training and learning provider and cannot resolve the issue, you can make a written complaint to the institution following their complaints procedure and explaining the discrimination you have experienced and your preferred outcome.

If this does not resolve things and you want to take it further you should seek legal advice about making a claim for discrimination.

Whilst a claim against your potential employer would in the Employment Tribunal, certain claims for discrimination in education have to be made in a County Court. This is beyond the remit of our service but you should seek advice if you wish to bring a claim and be aware there are strict time limits for making a claim.

There is more information on the Citizens Advice page here.

Claiming Statutory Maternity Pay (SMP)

If you meet the service and earnings conditions you can claim Statutory Maternity Pay (SMP). Your average pay during the calculation period needs to be at least the lower earnings limit. This is currently £125 per week on average in the 8 weeks (if paid weekly) or two months (if paid monthly) up to the last pay day before the end of the 15th week before your baby is due.

The rates for apprenticeship pay are updated on the government website. If you are under 19 years old, or in the first year of your apprenticeship, you are only entitled to receive £7.55 per hour. Once you reach 19 and have completed your first year, you will receive the National Minimum Wage rate for your age. If you can’t get SMP, you may still be able to claim Maternity Allowance.

All apprentices will be entitled to statutory maternity, paternity, adoption, shared parental pay and sick pay (subject to the usual qualifications). 

Claiming Statutory Sick Pay (SSP)

You can claim Statutory Sick Pay (SSP) if you earn more than the lower earnings limit. Note that SSP during the calculation period for maternity pay may affect your entitlement to SMP.

Pregnancy related sickness should be recorded as such and not included in your general sickness record for disciplinary purposes or selection for redundancy.

Offer of apprenticeship withdrawn or ended because of pregnancy

An apprentice is an employee with the same employment rights as other employees when it comes to pregnancy and maternity leave. This means that an employer or apprenticeship funder cannot under the Equality Act 2010 discriminate against a person due to their pregnancy or maternity leave. This means it is unlawful for an employer to refuse to continue to employ you as an apprentice or to withdraw an offer of apprenticeship on the basis of your pregnancy.

If they do withdraw the offer you should speak to the employer and funder in the first instance and try to resolve things informally. Try to keep communications friendly if you can. It can sometimes be more effective if you focus on solutions and the way forward. Often, employers can become defensive if accused of discrimination, but you can say you think you are being treated unfairly because of the pregnancy or maternity leave and ask them to reconsider and share the information in these pages. 

You can explain that you understand that apprentices are covered by the Equality Act and the withdrawal of the offer or refusal to give the apprenticeship because of pregnancy is unfavourable treatment because of pregnancy under the Act and ask them to continue with the offer of the Apprenticeship.

Right to return to your job

Apprenticeships usually last between 12 months and 4 years. If you take a period of leave maternity leave (or other statutory family leave), you have a right to return to the job that you left, on the same terms and conditions. If your employer has a rolling apprenticeship programme, you should be able to pick up where you left off.

If you are made redundant while on maternity leave then you may be entitled to a statutory redundancy payment (if you have been with your employer for at least 2 years). We have detailed advice on redundancy during pregnancy and maternity leave here.

However, if you think the real reason that you are not offered your apprenticeship back is because of your pregnancy or because you took maternity leave, then this is discrimination and you may be able to claim automatic unfair dismissal and discrimination (regardless of your length of service) – seek advice quickly as there are strict time limits for bringing a claim at tribunal, usually 3 months less a day from the act of discrimination or from the date of dismissal.

This advice applies in England, Wales and Scotland. If you live in another part of the UK, the law may differ. If you are in Northern Ireland you can visit the Labour Relations Agency or call their helpline Workplace Information Service on 03300 555 300.

Our helpline and online contact form is now closed as we wind down our operations. Our free legal advice pages remain available and up to date until further notice. You can find a list of trusted organisations that may be able to help you below.