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Created 17 December 2020 11:56
I have a query I'd like some wider input on.
When contracting with an apprenticeship employer it appears to be common practice for large employers to utilise their own contracting template (also applies to employers under a CCS framework). Has anyone been through audit where they've signed a contract issued by an employer rather than the employer signing one issued by the provider? If you have, what was the feedback?
I'm particularly interested as I've seen this form of contracting at several providers but without being audited on it.
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I'm in a similar boat Darren, not been audited on it as yet but we do currently have a mix of our agreements and some of our employers where they point blank refused to sign ours (in some cases large government organisations). This part of the process takes a significant amount of time, especially when all employers we currently deal with are Levy. I have raised it with the ESFA and suggested main legal T&C's should really come from them, i.e. who the GDPR responsibilities lie with and based on the apprenticeship funding rules, with providers simply agreeing costings, delivery and any other specific agreements with the employers, but yet to receive a response, just the standard 5 day holding emails.
We are currently mandating a small SLA covering all basic apprenticeship requirements, costings etc. and have stopped trying to get our full legal T&C contract signed as this is more than a full time job 'negotiating' 50+ pages of terms and conditions. We will see what the auditors say when they visit us and hope that they understand our reasoning for this decision and it is considered sufficient.
Not sure this helps much but just confirms you're not alone.
04 January 2021 11:39
Thanks Louise, that's really useful feedback.
It's something I've seen over the past few years but, as I say, never been audited on either. Very much agree that many of the organisations using their own contracts are Gov. Time will tell!
05 January 2021 10:13
I would also be keen to know as we issue our own contract to every Employer, but some of the bigger employers insist on using their own version?? It's frustrating as they are OUR T & C's, but when you dig into it, there is usually very little difference in the two. Ours is written by AELP so we are always usig the latest and most current version. Please do share when anything comes to light :)
06 January 2021 12:43