Simon Liversedge

EPA learner lost job

Created

Hi we have a learner who has gone into gateway and today lost their job. 

I know this is a withdrawal as they are not redundant but theres other issues behind this that means we would still like them to go through and achieve. Is there a way to do this so that we do not claim any achievement as we know its not a valid apprenticeship but they can still sit EPA and we take the hit on funding and pay for the assessment?

It's a bit like a commercial agreement we just are not charging anyone, not sure how that would work in the ILR. Probably just change it to FM 99 from the point they lost their job and not have an employer linked?

Any advise much appreciated

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Martin West

The funding rules are clear.

P158 The apprentice must be employed until the end-point assessment is completed. The only exception is where the apprentice has been made redundant and we are funding the apprenticeship to completion. Consideration must be given to the potential time needed for any re-sit and / or re-training prior to re-taking the end-point assessment so the apprentice remains employed during this time.

Even if it was possible to change the FM to unfunded after the withdrawal from the Apprenticeship they would not be recorded as employed and as such could not undertake the EPA.

You should check with the ESFA and EPAO to confirm if it is possible for the Apprentice to undertake the EPA where they are unemployed and have not been made redundant, but I doubt that you will get the confirmation that you seek.

Simon Liversedge

Thanks Martin,

Learners can be unemployed if they are redundant which is why I thought this could be an option for this learner. There's lots of baggage and a back story which means we really want to try and get an outcome for him. We are happy to pay for the assessment etc and don't want to claim funding. I just want to see if anyone knows how I would record this in the ILR as it will need to be in the ILR to get the cert from the EPAO, as I understand. 

Good shout about checking with the EPAO though we will do that first and see if its possible. 

 

Martin West

You should consider the following as the definition of redundancy has a wider definition.

P362.1 Evidence that the apprentice meets the conditions of an alternative English apprenticeship. In the case of redundancy, such evidence may be a copy of the apprentice’s dismissal notice from the employer, which cites the reason for dismissal as redundancy. In the absence of a notice of dismissal, other evidence which allows one reasonably to conclude that the apprentice has been made redundant would also be acceptable (e.g. an email informing employees that the business is closing, or other evidence that the business with whom the apprentice had an apprenticeship agreement with has recently closed). See the Glossary definition for the situations which amount to redundancy in law.

Redundancy

The statutory definition of redundancy (Employment Rights Act 1996) identifies three sets of circumstances (business closure, workplace closure, diminished requirements of the business for employees to do work of a particular kind) and an employee’s dismissal can be considered to be by reason of redundancy if one of these circumstances is the reason for the dismissal. Redundancy includes voluntary redundancy

You should check if the reason they have lost their job is included in the full definition of redundancy as you may be able to complete the Apprenticeship.

HTH