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Created 05 January 2021 10:02
We have an apprentice who handed in their notice before sitting their final exam, and her employer are not impressed. They haven’t taken the news well and have threatened to terminate her training, meaning she would be unemployed for more than 6 weeks as she doesn’t start at her new employer until March. Understandably, they do not wish to pay for a student they are not going to keep.
I’m not quite sure how to approach this. Is this something they are within their rights to do? I have read through the funding rules and it says if they are employed within 30 days then a withdrawal is not required, but over this they will need to withdraw. With the apprentice so close to the end of their apprenticeship, will they need to withdraw as it'll be over 30 days until they start their new employer?
P275.1 When employment or an apprenticeship agreement has ended (resignation, dismissal or any other action by the apprentice or the employer that results in the apprenticeship agreement ending, with the exception of redundancy) and new employment has commenced within 30 days we do not expect a withdrawal to be recorded.
P275.2 When employment or an apprenticeship agreement has ended (resignation, dismissal or any other action by the apprentice or the employer that results in the apprenticeship agreement ending, with the exception of redundancy) and new employment hasn’t commenced within 30 days, you must manage this using a withdrawal to ensure funds are not paid when the apprentice is not employed, in line with rules P324 to P326.
I believe the apprentice has taken their end point assessment, but I would need to double check. Any advice would be appreciated.
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