This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Learn how redundancy affects apprentices in England and Wales, including employment rights, consultation and notice obligations, statutory redundancy pay eligibility, apprenticeship funding support, and practical steps for apprentices and employers when redundancy occurs.
Apprentices in England and Wales enjoy many of the same employment protections as other employees, including when facing redundancy. Apprentices who are made redundant may have rights to notice, consultation, and (where qualifying service is met) statutory redundancy pay, as well as access to support to continue their training or find new employment. Understanding how redundancy interacts with apprenticeship contracts, funding arrangements, and statutory employment law is essential for apprentices, employers, training providers and advisers. This article explains the legal framework, apprentices' rights and practical steps when redundancy affects an apprenticeship.
Who Is an Apprentice in UK Employment Law?
An apprentice is someone employed under a contract of employment to do an apprenticeship, combining work with structured training and assessment leading to a qualification. Apprentices are employees for most legal purposes and therefore have employment rights, including protection from unfair dismissal and redundancy processes, subject to qualifying conditions such as length of service.
Apprentices' Employment Rights
Apprentices are entitled to the same legal protections as other employees once employed. This includes rights relating to redundancy, dismissal and protection from discrimination under the Equality Act 2010. Employers must follow a fair redundancy process, including consultation and objective selection criteria. Apprentices also have rights to notice and, where qualifying service is met, statutory redundancy pay.
Redundancy Defined and the Apprenticeship Context
Under the Employment Rights Act 1996, redundancy occurs when an employee is dismissed and the reason is that the business has ceased or is ceasing to carry on a business (or part of it), or the need for employees to do work of a particular kind has diminished or ceased. Apprentices whose roles disappear for these reasons are being made redundant. The end of an apprenticeship alone is not necessarily redundancy; redundancy arises where the need for the role has genuinely diminished. Employers should distinguish between natural expiry of a training contract and redundancy conditions.
Redundancy Rights for Apprentices
Consultation and Fair Process
Employers must consult apprentices as part of the redundancy process just like other employees. Apprentices should be informed in good time about the risk of redundancy, the reasons for it, the selection criteria, and whether alternative roles are available. Individual consultation is required, and if a large number of redundancies are proposed, collective consultation obligations may also arise.
Notice and Final Pay
Apprentices are entitled to notice of dismissal (statutory or contractual). If an apprenticeship ends due to redundancy, the employer must give proper notice or pay in lieu and settle any accrued holiday pay or wages owed.
Statutory Redundancy Pay and Length of Service
An apprentice is entitled to statutory redundancy pay only if they have at least two years' continuous service with the employer at the date of dismissal. Apprenticeships often last less than two years, so many apprentices may not qualify for statutory redundancy pay before their apprenticeship ends. Nonetheless, redundancy must still be handled fairly.
Redundancy Support Specific to Apprentices
Apprenticeship Funding and Continuation
When an apprentice is made redundant, support arrangements under government apprenticeship funding rules can apply. The Department for Education's guidance states that if an apprentice is formally made redundant, the funding for their apprenticeship training can continue for a period (typically at least 12 weeks) to allow time to find a new employer willing to take on the apprenticeship. If a new employer is found, the training provider and employer can arrange continuation of the apprenticeship. This support is intended to assist apprentices to complete their training where possible.
If an apprentice cannot find a new employer within the funding continuation period, they may still be able to complete their apprenticeship without a new employer where:
- They have less than six months of training left, or
- They have completed at least 75 % of the apprenticeship.
Under these circumstances, training and assessment arrangements may be adapted so the apprentice can finish their qualification.
Redundancy Support Services
In England, the Redundancy Support Service for Apprentices (ReSSA) offers free advice and guidance to apprentices facing redundancy. This service helps apprentices to understand their options, access local and national support (including careers advice), and find new apprenticeship or employment opportunities. Employers and training providers may also signpost apprentices to this resource.
Practical Process When an Apprentice Is at Risk of Redundancy
- Early Communication: The employer should notify the apprentice and training provider as soon as redundancy risk arises. Early discussion helps apprentices and providers plan next steps.
- Consultation: The employer must consult with the apprentice about why redundancy is being considered, how selection will be applied, and possible alternatives or support.
- Selection Criteria: If redundancy affects multiple staff (including non‑apprentices), any selection criteria must be objective, fair and non‑discriminatory under the Equality Act 2010.
- Notice and Entitlements: If redundancy proceeds, the employer must serve proper notice and pay any outstanding wages and accrued holiday.
- Job Search and Support: During the redundancy funding period (e.g., 12 weeks), apprentices should work with their provider and use services like Find an apprenticeship to secure new employment.
- Completion Provisions: Apprentices close to completing their training (e.g., less than six months left or 75 % completed) should explore arrangements to finish their qualification.
Time Limits and Tribunal Claims
If an apprentice believes redundancy has been handled unfairly, discriminatory, or contrary to employment rights, they may pursue claims at an employment tribunal. Common claims include unfair dismissal (where qualifying service is met) or unlawful discrimination. Employers should be careful with procedural fairness to avoid tribunal risk. Typical tribunal claims must be brought within three months less one day of the effective date of dismissal, usually following Acas Early Conciliation.
Common Questions
Does an apprentice automatically lose their apprenticeship if made redundant?
Not necessarily. Government guidance allows funding to continue for a period to help apprentices find a new employer or, in certain circumstances, to complete training even without securing a new employer.
Am I entitled to redundancy pay as an apprentice?
Statutory redundancy pay requires at least two years' continuous service with the employer. Many apprenticeships are shorter than this, so redundancy pay may not be payable, but pay in lieu of notice and other entitlements still apply.
Can I claim unfair dismissal if I am made redundant?
An apprentice with qualifying service (usually two years) can bring a claim for unfair dismissal if the redundancy process was unfair or discriminatory. Apprentices without qualifying service may have limited options, but discrimination claims under the Equality Act 2010 may still be possible.
Key Takeaways
Apprentices in England and Wales have employment rights when redundancy arises, including consultation requirements, notice entitlements, and protection from unfair or discriminatory treatment. While statutory redundancy pay depends on length of service, apprentices also benefit from specific funding support that allows them time to find a new employer or, in certain circumstances, complete their training despite redundancy. Services such as the Redundancy Support Service for Apprentices and apprenticeship funding continuation provide practical support during transition. Employers and apprentices should understand these rights and processes to navigate redundancy fairly and lawfully.
