Apprentices' Rights in Scotland

Who this guide is for

Apprentices working in Scotland, including Modern Apprentices and Graduate Apprentices, and school pupils thinking about a Foundation Apprenticeship.

What this guide does not cover

• Apprenticeships in England, Wales or Northern Ireland: see Apprentices' Rights in England, Apprentices' Rights in Wales or Apprentices' Rights in Northern Ireland.
• Minimum wage rates by age and how to complain in detail: see The Minimum Wage in the UK.
• Your other rights as an employee: see Your Rights as an Employee in England, Wales and Scotland.
• Funding and training providers. Ask Skills Development Scotland (apprenticeships.scot).
• Tribunal time limits in detail: see our tribunal deadline guide.

What the rules depend on

1. Which type of apprenticeship are you on? A Foundation Apprenticeship is done while you are at school.
2. How old are you, and how long have you been on the apprenticeship? That decides your minimum pay.
3. What does your apprenticeship contract say about ending it early or redundancy?
4. Why does your employer want to end it? General misconduct is not enough in Scotland.
5. When did your employment end, or the problem happen? That date decides your time limit.

"Which apprenticeships are there?"

• Foundation Apprenticeships: for pupils in the senior phase of school, usually chosen at the end of S4 or S5. They take 1 or 2 school years, and most are at SCQF level 6, the same level as a Higher.
• Modern Apprenticeships: you learn on the job and earn a wage. You can apply if you are over the legal school leaving age in Scotland.
• Graduate Apprenticeships: you split your time between working for a wage and learning, and finish with a university degree.

As a Modern or Graduate Apprentice, you must be paid at least the National Minimum Wage for an apprentice. Modern Apprenticeships usually take between 1 and 4 years to complete.

"What will I be paid?"

You must be paid at least the National Minimum Wage. Modern Apprenticeships count as apprenticeships for the apprentice rate. From 1 April 2026:

• under 19: £8.00 an hour, the apprentice rate
• 19 or over and in the first year of your apprenticeship: £8.00 an hour
• 19 or over and you have finished the first year: the minimum wage for your age (£10.85 at 19 or 20, £12.71 at 21 and over)

Your employer must pay you for any time you spend on work-related learning or training. It counts as working time for the minimum wage.

"Do I get holiday and sick pay?"

Apprentices have the same employment rights as employees, and the same holiday entitlement. Almost all employees get 5.6 weeks' paid holiday a year. You keep building up holiday while you are training.

From 6 April 2026, statutory sick pay is paid from the first full day of sickness absence, with no minimum earnings.

If you are under 18, your working time must not go over 8 hours a day or 40 hours a week.

"Can my apprenticeship be ended early?"

In Scotland, apprentices have extra protection. An employer can only dismiss an apprentice or make them redundant in very limited circumstances:

• Conduct: an employer cannot dismiss an apprentice for general misconduct. Gross misconduct can be a reason.
• Capability: where you are not able to do the apprenticeship, for example because of ill health, and it stops the employer teaching you.
• Redundancy: only if the organisation is closing down, or there is a major change in the organisation.

For a capability dismissal or a redundancy, your contract must have a clause allowing it to be ended early (or a redundancy clause), and your employer must follow a fair procedure, including consultation for a redundancy.

Some traditional apprenticeship contracts have no clause allowing them to be ended early. Then, dismissing you before the end of the fixed term could be a breach of contract.

If you are wrongly dismissed or made redundant, you could claim compensation. It can include loss of training, loss of wages and the effect on your future earnings.

Unfair dismissal needs at least 2 years of continuous employment now. Some dismissals need no minimum service. For the 6-month change from 1 January 2027, see Your Rights as an Employee in England, Wales and Scotland.

Deadlines you must meet

• Most tribunal claims: 3 months less 1 day from the act you are complaining about, or 6 months less 1 day where that act (or the last in a series) happened on or after 1 October 2026.
• In Scotland, breach of contract claims at a tribunal, such as unpaid notice pay, stay at 3 months less 1 day for now. A change to 6 months is planned but not yet in force.
• Unpaid wages or holiday pay: counted from the date the pay was due (the last one, for a series).
• Notify Acas within your time limit. Early conciliation pauses the clock.
• Your exact date depends on your facts. See our tribunal deadline guide.

Money figures

• Minimum wage from 1 April 2026: £8.00 apprentice rate; £8.00 under 18; £10.85 at 18 to 20; £12.71 at 21 and over.
• Statutory sick pay from 6 April 2026: £123.25 a week, or 80% of your average weekly earnings if that is lower.

Traps

• The rules on dismissing apprentices in England and Wales are different. Do not rely on them in Scotland.
• General misconduct is not a reason to dismiss an apprentice in Scotland.
• Compensation can cover lost training and future earnings, not just lost wages.
• The apprentice rate is not for every apprentice. At 19 or over, it applies only in the first year.
• A breach of contract claim in Scotland still has a 3-month tribunal limit.