Can anyone tell me if we are allowed to continue teaching apprentices for the 12 weeks whilst on a break in learning due to redundancy up until the point they either find a new employer or are withdrawn completely?
I have read the guide on this and there is a trainer/provider redundancy bit but it doesn’t make sense to me?!
ThanksOctober 16, 2020 at 11:02 am #469449
You do not put them on a BIL but continue to train them for 12 weeks while they are looking for alternative employment.
The guidance is:
P291 Apprentices who have their apprenticeship agreement terminated before the end of the practical period because they are dismissed by reason of redundancy, and that agreement was terminated more than six months from their final day of the practical period specified in the apprenticeship agreement, may continue their apprenticeship training without being employed under an apprenticeship agreement (see paragraph P31.2). In these circumstances:
P291.1 You can continue to deliver the apprenticeship’s training, where it can be successfully delivered.
P291.2 We will fund the remaining costs of the price agreed between you and the employer for 12 weeks, while the apprentice seeks another employer.
P291.3 You must record the change in employment status in the ILR. This must match the date the apprentice’s apprenticeship agreement was terminated and you must retain a copy of the apprentice’s dismissal notice, which cites the reason for dismissal as redundancy, in the evidence pack.
P291.4 You must have evidence that you have made reasonable efforts to find the apprentice a new employer.
P291.5 If the apprentice finds a new employer where they can complete their apprenticeship, then the new employer assumes all outstanding liabilities and benefits from that point. You must negotiate a new price, if required, with the new employer and input this on the ILR.
P291.6 If the apprentice takes a job with an employer which is not related to their apprenticeship, we will continue to fund them as per paragraphs P291.2.
P291.7 Where a new employer is not found within 12 weeks you must record the apprentice as withdrawn.
P291.8 Where an apprentice is withdrawn because they have been unable to find a new employer, you must provide a ‘record for part-completion of an apprenticeship’ to support the individual to find new employment. This record must include, as a minimum:
P291.8.1 the apprentice details.
P291.8.2 the level and subject.
P291.8.3 the start date and planned end date.
P291.8.4 the percentage of the apprenticeship completed.
P291.8.5 a summary of the knowledge, skills and behaviours that you consider they have developed and evidenced.
P291.8.6 in the case of apprenticeships with mandatory qualifications, the qualification, or units thereof, achieved.October 16, 2020 at 11:15 am #469461
Thanks Martin, I’ve looked at that many different versions in different guides I was reslly confused with what I needed to do!
So my understanding is that I just end the employment in the ILR but keep them active on programme for up to 12 weeks (and in learning) then update the status in the ILR (withdrawal if not found an employer or update the new employer start) and gather the evidence I need for audit, is that right?
I’m hoping emails from the employer giving the reason of redundancy is good enough for audit as that is all they are providing?
ThanksOctober 16, 2020 at 11:33 am #469473
That’s correct but you do not put them on a BIL only change the Employment status to unemployed from the redundancy date.
HTHOctober 16, 2020 at 11:37 am #469477
Great, thanks for your help and advice Martin 🙂October 16, 2020 at 11:39 am #469481
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