Jim Thomas

Employer charging apprentice

Created

We have a learner whose employer is threatening to charge him as he recently failed his end-point assessment.

Obviously this is not allowed and we have directed them to the relevant section on the employer rules (E55 for the 18/19 year, which is when the learner started) but what is the subsequent process should they go through with this?

What do we need to do to escalate / report this and how does this affect the apprenticeship?

Thanks

Jim

Replies

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Jim Thomas

Thanks Martin, that's brilliant

Jessica Sanderson

Hi,

I was involved in a recent ESFA Audit where we had found one of our Subcontractors learners had been charged. The auditor asked me as the 'Prime' to contact the employer and request they refund the learner - which they did but I could see how there is some employers who wouldn't.

(Edited)

Jim Thomas

Thanks Jessica - good news that the learner got reimbursed.

In my case above, the employer did not charge the learner (and in fact paid the resit fee to retake End-Point Assessment) but we're careful to ensure no learners get charged. 

Jessica Sanderson

That is good then. Luckily in our case the employer admitted the charge but also admitted they had failed to understand the rules behind Apprenticeships.

Good to see it wasn't the worst case scenario for your learner.

Jessica Sanderson

Morning Jim,

I did see a similar thing a few years back where an employer had got the learner to sign a document stating if they left within a certain timeframe of completion they would seek to recover any lost/invested monies if it was within a certain time frame. Looking at ACAS this can be done but only if agreed/signed before hand or in a contract - in terms of apps - I am not sure if this is the case but I would imagine if so they could only recoup the costs paid and only if agreed beforehand. 

Jessica

Jim Thomas

Thanks Jessica

I'd actually looked at 55.4 again and it specified that it held even after successful completion of the course so I deleted my previous post, but from more recent correspondence from the learner it seems that the employer is playing hardball.

(As a recap, I resurrected this thread as we have a learner who completed a couple of months ago and wants to move to a new job but the employer is asking him to reimburse them the training costs, as he left within 2 years of completion).

The provider is a levy payer so it's not even as if they're after the 5% contribution - any "costs" of the apprenticeship are already paid as the apprenticeship levy, rather than on the learner.

Also, the employer's training agreement - as a contract with the government - is surely likely to carry more weight than their contract with the learner, so I'm not too concerned that he will be liable but I want to get the best guidance / counterargument rather than put the learner through a stressful saga.

Any help or advice greatly appreciated

Thanks

Jim