Laura Ryan

Apprenticeship Service & ILR starts dates differ - is this ok?

Created

We have an apprentice who started on 13/10/2021 but the employer did not complete their Apprenticeship Service Registration until November 2021. All her induction paperwork is signed for the 13/10/21 along with her contract of employment, and I have input her to our ILR with these details today.  But the Employer can't backdate a start on the Apprenticeship Service, so has put her on as starting in November. 

My question are.. will this be a data mismatch?
                  If so  .. will I have to amend her start date in the ILR to reflect the start on the Apprenticeship Service?
                   If so  .. will the Salon be liable to pay age relevant NMW for the time worked prior to the Apprenticeship Service start date?

Any info is greatly appreciated.

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Martin West

  1. Yes, it would be DLOCK_09 ‘the start date for this negotiated price is before the corresponding price start date in the employer digital account’ so you will need to amend the ILR start date to match DAS.
  2. No, you will note that the Apprenticeship agreement has a start date and a start date for the practical period. The start date should be the date they were employed under the apprenticeship agreement and the start of the practical period should match the ILR start date.

HTH

Laura Ryan

That does help thank you as this is an issue for us as we work with approx 80 SMEs (micro businesses) and getting them through the Apprenticeship Service registration process is proving to be a nightmare :((

Dee Vickers

Martin West - surely if they were employed under an Apprenticeship Agreement on the 13th October (in this case) but the practical period didn't start until 1st November, they're not on an apprenticeship from the 13th to the 1st? Therefore, they should be paid the NMW, rather than the apprenticeship minimum wage?

If there is a 2-week delay before starting their practical period, then they also won't be able to accrue OJT, etc. either. If that is the case, then not only should they be paid under a different scheme, but also any work completed in this time, does not count towards the apprenticeship - plus there would have to be evidence of the apprentice completing some learning on the first day of the practical period.

Martin West

No as they are employed under an Apprenticeship Agreement the Apprenticeship rate will apply.

Yes they will not attract OTJ hours until the Training with the provider starts (Practical period).