Memorandum 4
Submission from the Trades Union Congress
(TUC)
TUC COMMENTS ON
APPRENTICESHIPS BILL
Background
The TUC is a strong supporter of high quality
Apprenticeships and welcomes the opportunity to contribute to
the Innovation, Universities and Skills Committee's inquiry into
the Draft Apprenticeship Bill. The TUC is the voice of Britain
at work and represents 6.5 million employees in 58 affiliated
trade unions.
The TUC welcomed the announcement in the Queen's
Speech that an Apprenticeships Bill was to be introduced (see
Annex 1). The TUC made a detailed submission in response to World
Class Apprenticeships: Unlocking Talent, Buildings Skills for
All, which is available at: http://www.tuc.org.uk/skills/tuc-14518-f0.pdf.
The submission welcomed many of these developments, however identified
some concerns and areas that could have been strengthened. This
note provides an overview of issues in relation to the draft Bill,
a more detailed view on the content of the Bill will be forthcoming.
Overview
The TUC has welcomed the significant expansion
of Apprenticeships over the last 10 years and believes that a
renaissance is already well underway. The TUC supports the ambition
to double the number of Apprenticeship places by 2020 and believes
the draft Apprenticeships Bill will go some way towards meeting
this target.
The expansion in Apprenticeships must be on
the basis of high quality, employer based places, with a commitment
to build equality and diversity. Ensuring quality programmes and
a quality experience are crucial for the reputation of Apprenticeships.
Quality in Apprenticeships is inextricably linked to the reputation
of the brand and the TUC strongly believes that efforts to boost
quality will have a positive impact on take-up of the programme,
as both employers and learners will want to engage in high quality
programmes.
More clearly defining the Apprenticeship experience
is potentially an important step towards building quality across
programmes. Clarifying what is contained in an Apprenticeship
through standards to develop a more comprehensive vision of quality
in Apprenticeships would be welcome. Further, clarifying expectations
such as the on and off the job training to be delivered and the
supervision required through an Apprenticeship Agreement could
also help boost the Apprenticeship experience.
However, the TUC would be concerned if the Apprenticeship
Agreement were to place additional or more onerous duties on apprentices
than are expected of employees through implied and express terms
contained in the average contract of employment. The TUC is opposed
to any weakening of apprentice rights to unfair dismissal protection
or any other employment rights. The TUC had supported the principle
established in the Flett v Matheson case by the Court of Appeal
that where an employer does not wish to continue to provide an
Apprenticeship place there should be an obligation to try and
find an alternative placement. Apprentices sacrifice earnings
in order to develop their skills and therefore should have some
guarantee that they are able to complete their programme. Employers
shouldn't be able to end an Apprenticeship without taking some
steps to ensure that the apprentice completes their training.
In relation to increasing the number of employer
based Apprenticeships, TUC has concerns that while the Bill could
improve Apprenticeship quality and boost the availability of places,
it is unlikely to go far enough to achieve the challenging target
of 400,000 Apprenticeships by 2020. In particular, the TUC believes
there should be a greater use of levers to increase both public
and private sector involvement in Apprenticeships such as the
use of public procurement, sector levies and licence to practice
arrangements. These are outlined in more detail in the TUC submission
to World Class Apprenticeships.
The TUC has highlighted the important role of
improving apprentice pay in boosting both quality and equality
in Apprenticeships. The TUC welcomed recent announcement from
the Secretary of State for Innovation, Universities and Skills
that the minimum rate for apprentice pay in England will be lifted
to £95 per week. The TUC has also recently made a submission
to the Low Pay Commission's review of the existing exemption of
apprentices from the national minimum wage. The submission demonstrates
the link between pay, quality and completion rates, including
the need for apprentices to be able to afford to complete their
programme. It is argued that removing the exemption and paying
a decent rate will raise quality and completions and help narrow
the gender pay gap in Apprenticeships. The full submission is
available at http://www.tuc.org.uk/skills/tuc-15172-f0.cfm.
The TUC believes there should be greater recognition
of the role of joint employer-trade union activities around Apprenticeships,
which is an important mechanism for boosting demand for Apprenticeships.
While World Class Apprenticeships outlines that trade unions will
be involved in the development of the new blueprint, or Apprenticeship
standards, trade unions can play a wider role in developing Apprenticeships.
This role for unions was identified in the recent OECD report
`Jobs for Youth', which recommended that the Government should:
...ensure more involvement of unions in the design
of new qualifications with a work-based component. In countries
with a long tradition of apprenticeship training, unions are a
key player alongside employers and the institutional actors. In
Germany, unions have been instrumental in securing action from
employers when apprenticeship places have proved to be insufficient
to meet demand. In England, unions should be involved in the design
of apprenticeships and other work-based learning initiatives alongside
Sector Skills Councils (OECD, 2008).
In responding to World Class Apprenticeships,
the TUC also identified a concern about a lack of clarity in arrangements
for monitoring quality. There was a reference in the Queens Speech
2007 to quality inspection, and the TUC believes this issue should
be revisited. This is an area that trade unions should also have
a role in. The TUC is however concerned about proposals around
`bureaucracy busting' around Apprenticeships. Efforts to expand
Apprenticeships should not be at the expense of quality and standards,
and external inspection arrangements play a key role in ensuring
a safe and healthy working environment (see Annex 2).
September 2008
Annex 1
TUC WELCOMES APPRENTICES
BILL
Commenting on the Draft Apprenticeships Reform
Bill in today's Queen's Speech, TUC General Secretary Brendan
Barber said:
"The TUC welcomes measures to improve the
number of apprenticeships on offer to young people starting out
in the world of work and to older workers looking for a change
of direction. More must be done to encourage employers to take
on more young black and Asian people, and greater efforts are
needed to support women into apprenticeships in areas like engineering
and construction that are still dominated by the boys.
"If apprenticeships are to offer meaningful
career opportunities, they must be of good quality, where apprentices
are treated well and earn a decent wage. Legislative powers to
regulate and promote apprenticeships give the opportunity to do
just that, and it is important we get it right. The Government
should ask the Low Pay Commission to review the current minimum
wage exemptions that apply to apprentices."
November 2007
Annex 2
TUC General Secretary Brendan Barber said: "Quality
and standards in apprenticeships must not be compromised in the
name of `bureaucracy busting'.
"There is nothing wrong with making the
best use of technology and ensuring processes are `joined up',
but external inspection plays a key role in ensuring that apprenticeship
quality is up to scratch.
"Too many apprentices have already lost
their lives due to inadequate safety standards. Instead of basing
requirements for apprentices on employers' existing health and
safety systems, the Government should acknowledge that many of
these systems are totally inadequate—hence the high injury
and illness rate amongst young people starting work.
"Any organisation employing apprentices
must have good health and safety practices and fully comply with
the law, and the Government should be stepping up employer involvement
in apprenticeships."
August 2008
| 
