Employment Status


We have a few apprenticeship learners who work term time only, they are contracted to work 35 hours a week but on average in a year work around 23 hours a week. When calculating OTJ we use the 23 hours to factor this in. When recording the employment intensity indicator, should we be recording the 35 hours or 23? If we use 35 the OTJ hours don't appear to be enough even though they are correct based on term time working.



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Ruth Canham-James

Employment Intensity needs to reflect the average weekly hours (hours a week when working x actual weeks worked, then divide that by 46.4 which is the assumed working weeks). It doesn't actually specify in the ILR spec, but it does help for confirming minimum durations. I think there are some ILR errors that base checks off this, that won't work if you record as 30+. The duration has to be increased for term time only, just like it would for part time. I've yet to find a term time only apprentices that still averaged 30+ hours a week. Once you have their average hours, you just treat them exactly like part timers, and use the statutory 28 days annual leave to calculate OTJ.


Agree, would use the EII that is for 23 hours a week.