Construction employers have a responsibility to ensure appropriate policies are in place when hiring apprentices.
With the government setting a target to build 1.5 million new homes in England over the next five years, one of the key issues affecting the construction industry’s ability to build at an increased rate is its significant labour shortage.
Current construction employment is 10% below pre-pandemic levels, and the Chartered Institute of Personnel and Development (CIPD) recently found that 10% of employers in construction believe there will be a fall in staff levels over the coming period.
The report also mentions that out of 18 sectors analysed, construction has the second highest percentage of hard-to-fill vacancies at 46%.
One way that the industry can look to address this issue is through taking on more apprentices.
With the government looking to increase the number of construction apprenticeships and training opportunities offered in England, it is a key time for businesses to consider taking on new apprentices to build their future capacity.
When employing young people as apprentices, organisations should be mindful of any safeguarding issues and have appropriate policies in place
The Chartered Institute of Building (CIOB) also found in a recent survey, that 68% of young people aged 16 to 24 hold a positive view of construction careers, with 31% agreeing that they would consider working in the construction sector.
Similarly, 79% of parents of 16 to 24-year-olds would be supportive of their child working in the construction industry.
Safeguarding issues
When employing young people as apprentices, organisations should be mindful of any safeguarding issues and have appropriate policies in place.
A key step would be ensuring that the right Disclosure and Barring Service (DBS) checks are being carried out.
There are four levels of check – basic (available to anyone over 16); standard; enhanced; and enhanced with barred list check. These last three are eligibility criteria dependent.
A DBS check should be carried out for any staff that may find themselves teaching, training, or instructing; caring for/supervising; or providing advice or guidance on educational/emotional/physical wellbeing for anyone under the age of 18.
As these types of activities are considered regulated activity, anyone involved might be eligible for an enhanced level DBS check, with a barred list check, if they meet certain conditions.
For example, teachers in schools fulfil these criteria, and it can be expected that a line manager of an apprentice will perform similar activities.
However, there are extra considerations for 16 or 17-year-olds in employment or voluntary employment.
Vulnerable groups
The exception relates to activities in the course of employment and is specific to 16 and 17-year-olds as laid out in the Safeguarding Vulnerable Groups Act.
This removes those doing the above activities with 16 or 17-year-olds in the course of their employment, including voluntary employment, from regulated activity.
This primarily applies to those managing or supervising apprentices during their day-to-day employment.
Those responsible for teaching or training apprentices aged 16 to 17 years old in the classroom-based elements of their apprenticeship may still be in regulated activity with children and can be asked to apply for an enhanced DBS check with the children’s barred list check if they meet all the criteria.
Key considerations
To further explain the considerations for apprentices, it can be divided into two sections:
- On-the-job work – all staff working with them, including managers, supervisors and team leaders, are exempt from being in work with children/regulated activity with children, even if they do activity such as teaching, training or instructing; or supervising; or providing advice and guidance on emotional/physical/educational wellbeing. It may be appropriate to apply for a basic check for these roles.
- Classroom based (anything to do with the purpose of the apprenticeship rather than regular work) – teachers, trainers, workplace assessors, college tutors, instructors etc can be in work with children/regulated activity with children, if they meet the criteria. This would also apply for those working in the classroom-based activities of employer providers (ie those running the apprenticeships in-house), providing it is separate from the regular employment side of things.
Case study: Billy, the 16-year-old apprentice welder
Billy, a 16-year-old apprentice welder, is supervised at work by Joe, who is an employee of the welding company. Joe provides Billy with welding instruction from Monday to Thursday.
Since Billy is 16 and Joe’s teaching is tied to Billy’s job, Joe is not deemed to be engaging in regulated activity with children. Although it’s not mandatory, Joe may request a basic DBS check.
On Fridays, Billy attends a local independent training provider (ITP) to further his knowledge in welding and design.
Conducting DBS checks can help to inform job role suitability, strengthen safeguarding within an organisation, as well as inform recruitment decisions and protect an organisation’s reputation
Gemma, one of the instructors at the ITP, who teaches Billy and other 16 to 17-year-old apprentices once a week, and is unsupervised while doing so, is in regulated activity with children and can undergo an enhanced DBS check as part of the child workforce, including a review of the children’s barred list.
Additionally, as part of the ITP’s evaluation of Billy, Mike has been hired as a workplace assessor. He visits Billy at his workplace to evaluate how well Billy is applying what he learns in the classroom, and to offer guidance and support.
Since Mike’s visits occur frequently enough to meet the criteria for regulated activity, he is also required to apply for an enhanced DBS check in the child workforce, which includes a check against the children’s barred list.
While an individual may not be eligible for a standard or enhanced DBS check, it is still worthwhile getting a DBS basic check to assist with safer recruitment.
Conducting DBS checks can help to inform job role suitability, strengthen safeguarding within an organisation, as well as inform recruitment decisions and protect an organisation’s reputation.
DBS checks and apprenticeships can be a complex subject – find out more about eligibility here or speak to one DBS Regional Outreach service team.
You may also benefit from finding out more about government funding for apprenticeship training, as many businesses do not access the financial assistance available to them.
Some organisations do not realise they are eligible to receive a payment of £1,000 for certain apprentices, in addition to the standard levy funding. You can find out more about government grants and the apprenticeship levy here.
Jane Lomax is head of commercial development (products and services) and Nene Foster is commercial development manager at DBS.
