The requirement for an Apprenticeship Agreement between an employer and an apprentice, under the ASCL Act 2009 sections 32-36, came into force on the 6 April 2012. An Apprenticeship Agreement is required at the commencement of the Apprenticeship for all new apprentices who start on or after that date.
The Apprenticeship Agreement must state that the apprentice will be undertaking an Apprenticeship in a particular skill, trade or occupation.
The Apprenticeship Agreement can be in the form of a written statement of particulars under the Employment Rights Act 1996; or a document in writing in the form of a contract of employment or a letter of engagement where the employer's duty under the 1996 Act is treated as met.
Existing and new contracts of employment between the apprentice and the employer which meet the 1996 Act will also meet the Apprenticeship Agreement requirements provided they include a statement (which may be an annex) setting out the skill, trade or occupation linked to a relevant recognised English framework, issued by the appropriate Issuing Authority, for which the apprentice is being trained and is explicit.