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It's come up a few times previously on FEConnect but I've not come across a definitive ruling from the ESFA. I've engaged with them on it in the past, and again a few days ago to which they've said it's been escalated (again) to their technical team and would let me know. I guess it depends on the robustness of the language within the agreement, but if it's explicit and the Employer has signed it, it's hard to imagine it not being enforceable. Your financial problems would be "solved", but you'd still suffer the hit on your success rates unfortunately.
Laura Cahill
Invoicing employers for non-completion of EPA
Created
Are you able to invoice employers if their apprentices do not complete EPA for 20% if it is included in your written agreement? The learner has received all the delivery and support for their programme and now refusing to do EPA.
Thanks