apprentices-can they be self employed

**loobyloo** · 08-07-2013, 10:12 PM

does anyone offer a childminding training placement to an apprentice on NVQ level 3 and class them as self employed.Reading apprenticeship rules I think they may have to be employed.All childminders I know employ assistants as self employed.Really not sure if an apprentice receiving government funding classifies as self employed.
In the past ive used apprentices and then kept them on as assistants.Rules and funding seems to have changed and when I was able to have apprentices on minimum 16 hours now its 30 hours.

Am reluctant to agree to an employment contract as feel if it included sick pay Id be paying out for regular sickness and a friend who employed an assistant who proved extremely unreliable had great difficulty in terminating the employment contract.

Ive got two lovely girls lined up who have completed level 2 but want to acquire level 3 through placements.the training company seems happy for me to take them and as im self employed they could be too.Both have evening and weekend jobs

**Bumble Beez** · 09-07-2013, 06:09 AM

Loobyloo...my understanding is that need to employed and you'll be responsible for paying their tax and NI to HMRC. They'll need 20 days paid hols plus bank hols and the usual stuff that employers have to do. However the minimum wage for apprentices is £2.65 so even if you're employing them for 30 hrs it still won't be a lot

Hope that helps...oh and try this site for more info
http://www.apprenticeships.org.uk/

Sarah x

**pinklady756** · 10-07-2013, 05:21 PM

I'm taking on an apprentice as an assistant. They do have to be in employed and it's for a minimum of 30 hours per week. As an employee they are entitled to holiday pay, however the apprenticeship minimum wage is only £2.65 per hour (rising to £2.68 on 1st Oct) - 30 hours per week would be below the Lower Earnings Limit (£109). This means they would not be entitled to SSP, and you are not obliged to pay sick pay (I won't be offering it myself). There is no NI or tax for them to pay and no employers NI, you don't even have to register with HMRC as an employer either.

I spent ages looking into it all and contracted HMRC helpline to confirm the above, which applies if employee is earning below the Lower Earnings Limit.

There is also a AGE grant available to some employers, worth £1500, the National Apprenticeship Service are really helpful if you want any advice

EDIT - on re-reading your post I missed the bit about them having evening and weekend jobs, that would make a difference as they would be earning more, I would recommend checking with HMRC.

**kellyb** · 04-08-2013, 01:00 PM

Originally Posted by pinklady756

I'm taking on an apprentice as an assistant. They do have to be in employed and it's for a minimum of 30 hours per week. As an employee they are entitled to holiday pay, however the apprenticeship minimum wage is only £2.65 per hour (rising to £2.68 on 1st Oct) - 30 hours per week would be below the Lower Earnings Limit (£109). This means they would not be entitled to SSP, and you are not obliged to pay sick pay (I won't be offering it myself). There is no NI or tax for them to pay and no employers NI, you don't even have to register with HMRC as an employer either.

I spent ages looking into it all and contracted HMRC helpline to confirm the above, which applies if employee is earning below the Lower Earnings Limit.

There is also a AGE grant available to some employers, worth £1500, the National Apprenticeship Service are really helpful if you want any advice

EDIT - on re-reading your post I missed the bit about them having evening and weekend jobs, that would make a difference as they would be earning more, I would recommend checking with HMRC.

Thank you! This info has helped me a lot! Many thanks!

**kellyb** · 04-08-2013, 01:06 PM

Originally Posted by kellyb

Thank you! This info has helped me a lot! Many thanks!

With regards to breaks / lunch breaks etc for apprentices - mine is 17... Do you know the required amount of time legally need to be given, and if they are allowed to go off the premises for lunch as mine will be able to as my other assistant will be with me, do you have to pay them for that hour?

**pinklady756** · 05-08-2013, 12:09 PM

Originally Posted by kellyb

With regards to breaks / lunch breaks etc for apprentices - mine is 17... Do you know the required amount of time legally need to be given, and if they are allowed to go off the premises for lunch as mine will be able to as my other assistant will be with me, do you have to pay them for that hour?

At 17 they can work maximum of 8 hours per day and need 30 min break when working more than 4.5 hours. Breaks don't count as working hours (regardless of whether it's paid or not).

If they are able to leave the premises then you don't need to pay for breaks, mine can't leave the premises so I pay for her breaks.