Recruitment Agency Worker – Apprenticeship

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This topic contains 4 replies, has 2 voices, and was last updated by  DJH1982 1 month ago.

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  • DJH1982
    Participant

    Hi
    Is there anything stopping a Provider starting an recruitment agency-employed Apprentice if their temporary/fixed term contract with their client spans the planned duration of Apprenticeship (inc. EPA).
    As the Agency is classed as the employer in this case, presumably it would be them who reserve the funding or pay through their Levy (depending on their size)?

    If they are ok to proceed, again presumably best practice is to not only conduct involve the the organisation (to embed KSBs/confirm Gateway is met) but also the Recruitment Agency as the employer (if they are interested) in the progress reviews etc

    Thanks

     
    • This topic was modified 1 month, 1 week ago by  DJH1982.
    #451260

    Martin West
    Participant

    Hi,
    You may need to check the funding rules:
    Training provider
    Organisations that are on the Register of Apprenticeship Training Providers and appointed by an employer and/or holding a current funding agreement with us or contracted through a main provider for the delivery of training and on- programme assessment, as part of the employer’s agreed apprenticeship programme. This includes companies, charities, bodies, colleges, universities, sole traders, and other types of legal entity, including those who are in the same group as, or are associated with, the main provider. This excludes individuals who are self-employed or supplied by an employment agency and who are working under the main provider’s direction and control, in the same way as an employee.

    Employment contract
    P24 The apprentice must be engaged by an employer, or an apprenticeship training agency (ATA), for a period which is long enough for the apprentice to complete the apprenticeship successfully (including, for standards, the end-point assessment).

    Apprenticeship training agency (ATA)
    An organisation that recruits and employs apprentices on behalf of employers.

    Apprenticeship training agency (ATA)
    P89 An ATA is an organisation whose main business is employing apprentices who are made available to employers.
    P90 An ATA must be set up as a distinct legal entity so that apprentices can have contracts of service with the ATA.
    P91 You must report in the ILR that the apprentice is employed by an ATA.
    P92 An ATA must follow our ATA framework.
    P93 Apprenticeship positions offered by an ATA must comply with the apprenticeship requirements set out in paragraphs P19 to P24. If the job is with a third party, the cost of wages may be met by that third party, but the wages must be paid by the ATA.
    P94 Where the apprentice is employed by a levy-paying ATA they must follow the rules set out in Apprenticeship Funding: Rules and Guidance for Employers.
    P95 Where an apprentice is employed by a non-levy-paying ATA, the ATA will be able to access support for training and assessment through government-employer co-investment.
    P96 Group training associations that offer an ATA service to employers must follow ATA-specific rules.

    HTH

     
    • This reply was modified 1 month, 1 week ago by  Martin West.
    #451291

    DJH1982
    Participant

    What if the recruitment agency wasnt an ATA, just a bog standard agency who employs a person on a contract which lasts for the duration of the Apprenticeship ?

     
    #451726

    Martin West
    Participant
    #451820

    DJH1982
    Participant

    Thanks – so assume the answer to my question is that an Recruitment Agency has to be an approved ATA in order for them to employ an Apprentice.

    So a high street Recruitment Agency cannot employ an Apprentice – even if the contract they have with them is equal to / or longer than the planned Apprenticeship

     
    #451827
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