Sarah Wartnaby

Transfer of Employers (Learner) - funding rules

Edited

Afternoon All, 

I am looking at guidance in relation the funding rules, change of circumstances area: Where there is no break in employment or a break of 30 days or less.

So the indication I have is that is there is no break in employment or employment break is below the 30 days mark there is no withdrawal needed. 

So, if an learner for example leaves one employer say on the 15th and starts with another employer on the 16th, is it expected that we have all the apprenticeship paperwork and agreements in place for the 16th Start Date?  

or  can the apprenticeship paperwork be completed after they have started with the employer, agreeing the first T&L date with the new employer ( no break in employment but app delivery maybe slightly delayed whilst agreements made) if yes, would you still put the employer ERN number starting from 16th in ILR?

Sorry if this makes no sense, I have got a bit in a knot with with this and looking at all information out there.

Many Thanks

Sarah

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Martin West

This can be difficult where the Apprentice/Employer gives you little or no notice and this may lead to difficulties with the new employer DAS account and resulting Dlock errors.

To comply with the funding rules the new employer must have contributed to (before the start date) and signed a copy of the commitment statement (Auditors may allow a little leeway where this is signed after they have started).

You will also note that the Apprenticeship Agreement has two start dates, start of employment as an Apprentice and the start of the Practical period and it is the latter that must match the ILR.

P27.2 The practical period start date set out in the apprenticeship agreement must match the practical period start date in the commitment statement and the learning start date in the ILR.

P64 Before the apprenticeship practical period starts and before the apprenticeship agreement is signed, you must ensure that the apprentice and their employer have contributed to and signed a copy of the commitment statement (often known as the training plan). This must set out the training that will be delivered in the practical period and how all three parties (apprentice, employer, and main provider) will support the achievement of the apprenticeship.

The following guidance from the AS should be followed:

https://help.apprenticeships.education.gov.uk/hc/en-gb/articles/4407050719378-Stop-dates-to-use-following-a-change-of-employer-where-the-gap-in-employment-is-30-days-or-less

This indicates circumstance where the training provider will need to record the change of employer as a withdrawal from the date they left the original employer and then a restart with the new employer and this could also be used where you have had insufficient notice of the change of employer to avoid any issues with getting the on boarding paperwork completed or issues setting up the new employers DAS account.

It is a problem but HTH