We are working with a local secondary school who are looking to take on a new apprentice but they only offer contracts to work for 38 weeks of the year rather than 52 weeks and I’m just looking for a bit of advice/clarification on how we treat their minimum duration.
I am assuming that although the apprentice would be employed for over 30 hours per week for the weeks they work we would calculate the apportioned average hours per week & then extend the duration accordingly. i.e. working 35 hours per week x 38 weeks per year = 1330 annual hours / 52 weeks = 25.5 hours per week on average. We would then use the 25.5 average hours to calculate the new minimum duration.
Clearly they will need to then offer a contract for the required minimum duration but with a working pattern over the 38 weeks per year.
This seems a very logical and sensible way of doing it. I’m not aware of any official guidance for TTO workers, but I think this calculation would be explainable to an auditor, so as long as you’re doing the same for all of them, can’t see it being an issue.