Change of circumstance
Changes of provider and changes in an apprentice’s personal or employment circumstances. Includes how these changes affect apprenticeship funding.
New for 30th September 2022 – version 2
- E242.2 - Clarification: to reflect the actions the main provider must take when an apprentice has a break in employment for more than 30 days.
E242
If any circumstances change that affect any agreement made between you and the main provider, you must revise existing agreements or create new agreements. This includes:
-
E242.1 Changes to the apprentice’s programme (including changing to a new version of a standard (see paragraphs E265 to E275);
-
E242.2 Changes to price;
-
E242.3 Changes to the apprentice’s eligibility;
-
E242.4 Any updates required to your apprenticeship service account;
-
E242.5Changes to the apprentice’s contract or working pattern;
-
E242.6 Changes to the apprenticeship duration;
-
E242.7 Changes to the main provider or subcontractor; or
-
E242.8 Breaks in learning.
E243
An apprentice must be employed continuously for the duration of the apprenticeship. If their employment is terminated, the individual cannot continue with their off-the-job training (with the exception of redundancy).
-
E243.1 When employment or an apprenticeship agreement has ended (resignation, dismissal or any other action by the apprentice or the employer that results in the apprenticeship agreement ending, with the exception of redundancy) and new employment has commenced within 30 days we do not expect a withdrawal to be recorded.
-
E243.2 When employment or an apprenticeship agreement has ended (resignation, dismissal or any other action by the apprentice or the employer that results in the apprenticeship agreement ending, with the exception of redundancy) and new employment hasn’t commenced within 30 days, the main provider must, after 30 days, record the apprentice as on a break in learning (see paragraph E245). Where the apprentice does not re-start with a new employer after 12 weeks, the apprentice must be withdrawn from the programme to ensure funds are not paid when the apprentice is not employed, in line with rules E292 to E294.
New for 1 August 2022:
-
E243 - Clarification: Breaks in learning must be used where active learning has not taken place for four weeks (see paragraph E28.2). Updated for version 1.
-
E245 - New rule: Where the apprentice changes employer and there is a gap in employment of more than 30 days and up to 12 weeks, the apprentice must be recorded as on a break in learning (see paragraphs E293 to E295). Updated for version 1.
-
E246.1 - Clarification: To reflect that a break in learning can be taken either with, or without a break in employment.
E244
The apprentice must be involved in active learning (off-the-job training and / or English and maths training) throughout the apprenticeship, from the learning start date to the learning actual end date (the practical period) (see paragraph E28.2). Some active learning must take place or a break in learning must be used.
E245
A break in learning should not be recorded:
-
E245.1 For annual leave, public holidays and short-term absence (up to 4 weeks).
-
E245.2 When employment or an apprenticeship agreement has ended (redundancy, resignation, dismissal or any other action by the apprentice or the employer that results in the apprenticeship agreement ending). Where an apprentice has been made redundant you must refer to the redundancy section in the rules (see paragraphs E254 to E255).
E246
Where an apprentice changes employer and there is a break in employment of more than 30 days and up to 12 weeks, the main provider must, after 30 days, record the apprentice as on a break in learning (see paragraphs E292 to E294).
E247
The apprentice may also request to take a break in learning from their apprenticeship programme if they plan to return to the same apprenticeship at a later date.
-
E247.1 A break in learning can be taken either with, or without a break in employment.
-
E247.1 The decision to take a break in learning, the reason for the break and its expected duration must be agreed with the employer. This could include medical treatment, parental leave or leave for other personal reasons.
E248
The main provider must record breaks in learning on the ILR and re-plan the delivery of any remaining training and / or assessment following a break, if required. You must revise the apprenticeship agreement if required.
-
E248.1 We will stop making payments from funds in your apprenticeship service account or government-employer co-investment if an apprentice has a break in learning. Your main provider must inform us through their ILR if an apprentice takes a break in learning. If this does not occur, you may temporarily pause payments through your apprenticeship service account until the provider’s ILR data has been updated.
-
E248.2 If an apprentice is on a break in learning when an additional payment is due, the payment will be delayed until the apprentice resumes their apprenticeship and has reached an overall total of 90 or 365 days in learning.
-
E248.3 We will monitor take-up of additional payments and unusual patterns of activity to identify any potential fraud or irregularity.
Flow chart: Find out what to do if your apprentice wants to take a break in learning
E249
Where a change of circumstance means that training and / or assessment is no longer being delivered, no further funds from your apprenticeship service account, government-employer co-investment or additional payments will be made.
E250
In these circumstances, your main provider must inform us of the date training or assessment activity stopped through their ILR. The main provider must ensure that you have paid any mandatory co-investment due for any training or end-point assessment already delivered.
E251
You may alert us through your apprenticeship service account at any time if training and/ or assessment is no longer being delivered. If the apprentice is made redundant, you must stop payments in your apprenticeship service account. The stop date you apply in your account must correspond with the date the apprentice is made redundant.
E252
When a change of circumstance results in over-payment of funds from your apprenticeship service account or government-employer co-investment, any over-payment must be repaid by the main provider to us. We will then credit the appropriate funds to your apprenticeship service account. The main provider must follow the arrangements set out in their agreement with you for any over-payment by you.
E253
You must agree with the main provider any reimbursement of your co-investment made for learning paid for, but not undertaken, or learning delivered, but not yet paid up to the employee’s leave date, or the date of their break in learning, as needed.
E254
If any change of circumstances is not included in this section, you must seek advice from us about what action you must take. Please use our enquiry form.
Apprentices made redundant who, on the day of dismissal, are within six months of the final day of the apprenticeship practical period OR they have completed at least 75% of the apprenticeship practical period
E255
Apprentices who have their apprenticeship agreement terminated by reason of redundancy who, on the day of dismissal, are either within six months of the final day of the practical period, OR have completed at least 75% of the practical period specified in the apprenticeship agreement, may continue their apprenticeship training without being employed under an apprenticeship agreement (see paragraph E25.1.1). In these circumstances:
-
E255.1 The main provider can continue to deliver the apprenticeship’s training as long as all the remaining elements, including the end-point assessment, can be successfully delivered.
-
E255.2 We will fund 100% of the remaining costs of the price negotiated between the main provider and the employer up to the funding band maximum.
-
E255.3 The main provider must record the change in employment status in the ILR and, where applicable, you must stop payments from your apprenticeship service account, including where the apprenticeship is funded by a transfer. These dates must match the date the apprentice’s apprenticeship agreement was terminated.
-
E255.4 The main provider must retain evidence of the apprentice’s redundancy in the evidence pack.
-
E255.5 The main provider must support the apprentice through to the end of the apprenticeship, including any assessment.
-
E255.6 The main provider must have evidence that they have made reasonable efforts to find the apprentice a new employer.
-
E255.7 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. The main provider must negotiate a new price, if required, with the new employer and input this on the ILR.
-
E255.8 If the apprentice takes a job with an employer which is not related to their apprenticeship, we will continue to fund them as per paragraph E245.2.
Apprentices made redundant who, on the day of dismissal, have completed less than 75% of the apprenticeship practical period and the remaining training represents a training duration of six months or more
E256
Apprentices who have their apprenticeship agreement terminated by reason of redundancy who, on the day of dismissal, have completed less than 75% of the practical period specified in the apprenticeship agreement and the remaining training represents a training duration of six months or more, may continue their apprenticeship training without being employed under an apprenticeship agreement (see paragraph E25.1.2). In these circumstances:
-
E256.1 The main provider can continue to deliver the apprenticeship’s training, where it can be successfully delivered.
-
E256.2 We will fund the remaining costs of the price agreed between the main provider and the employer for 12 weeks, while the apprentice seeks another employer.
-
E256.3 The main provider must record the change in employment status in the ILR and, where applicable, you must stop payments from your apprenticeship service account, including where the apprenticeship is funded by a transfer. These dates must match the date the apprentice’s apprenticeship agreement was terminated.
-
E256.4 The main provider must retain evidence of the apprentice’s redundancy in the evidence pack.
-
E256.5 The main provider must have evidence that they have made reasonable efforts to find the apprentice a new employer.
-
E256.6 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. The main provider must negotiate a new price, if required, with the new employer and input this on the ILR.
-
E256.7 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 E255.2.
-
E256.8 Where a new employer is not found within 12 weeks the main provider must record the apprentice as withdrawn and they must record the withdrawal reason as redundancy.
-
E256.9 Where an apprentice is withdrawn because they have been unable to find a new employer, the main provider must provide a ‘record of apprenticeship part-completion’ to support the individual to find new employment. This record must include, as a minimum:
-
E256.9.1 The apprentice details.
-
E256.9.2 The level and subject.
-
E256.9.3 The start date and planned end date.
-
E256.9.4 The percentage of the apprenticeship completed.
-
E256.9.5 A summary of the knowledge, skills and behaviours that the main provider considers they have developed and evidenced.
-
E256.9.6 In the case of apprenticeships with mandatory qualifications, the qualification, or units thereof, achieved.
-
Flow chart: What to check in the case of redundancy
Maternity, adoption and shared parental leave
Maternity leave
E257
An apprentice may carry out up to 10 days’ work for her employer without bringing her maternity leave period to an end (referred to as keeping in touch or KIT days).
-
E257.1 If an apprentice wishes to use any of her 10 designated KIT days to continue apprenticeship training and / or assessment, including end-point assessment, they may do so.
-
E257.2 Apprentices will lose their entitlement to statutory maternity pay and may bring their statutory maternity leave to an end if they undertake more than 10 days’ work (their KIT entitlement) during their maternity leave. This may not affect any contractual rights.
-
E257.3 Where KIT days are to be used for off-the job training during a period of maternity leave, you are required to agree in writing, with the apprentice and the employer, certain details (see paragraph E260). A copy of this agreement is to be kept in the apprentice evidence pack.
Adoption leave
E258
An apprentice may carry out up to 10 days’ work for their employer during their statutory adoption leave period without bringing their statutory adoption leave or adoption pay period to an end (referred to as keeping in touch or KIT days).
- E258.1 Where KIT days are to be used for off-the job training during a period of adoption leave, you are required to agree in writing, with the apprentice and the employer, certain details (see paragraph E260). A copy of this agreement is to be kept in the apprentice evidence pack.
Shared parental leave:
E259
An apprentice may work for up to 20 days during the shared parental leave period for each of their employers without bringing their leave to an end. These days are “shared parental leave in touch” (SPLIT) days. These are separate and additional to any KIT days during a period of maternity or adoption leave.
- E259.1 Where SPLIT days are to be used for off-the job training during a period of shared parental leave, you are required to agree in writing, with the apprentice and the employer, certain details (see paragraph E260). A copy of this agreement is to be kept in the apprentice evidence pack.
Paternal leave
E260
Statutory paternal leave is a maximum of 2 weeks. Any breaks of less than 4 weeks do not need to be reported to the ESFA. The expectation is that you would structure the off-the-job training delivery around any paternal leave allowing the apprentice to complete training as per the original plan.
The agreement
E261
Where an apprentice and employer wish to use KIT / SPLIT days to continue apprenticeship off-the-job training and / or assessment during a period of maternity, adoption, or shared parental leave, you must complete the following agreement. This agreement must be signed by all 3 parties and must include:
-
E261.1 The apprentice’s reason behind the request to continue apprenticeship training during KIT / SPLIT* days;
-
E261.2 The number of KIT / SPLIT* days intended to be used and the type of training and number of hours proposed to be undertaken on these days. Any training carried out any KIT / SPLIT day would constitute a day’s work (and therefore one KIT / SPLIT day);
-
E261.3 The employer’s support and endorsement of this use of KIT / SPLIT* days;
-
E261.4 The provider’s support and endorsement of this arrangement;
-
E261.5 An acknowledgement by the apprentice that in undertaking training and /or assessment, including end-point assessment, on KIT / SPLIT* days this will impact on their entitlement to KIT / SPLIT* days as well as statutory maternity / adoption / shared parental* leave and pay (i.e. they may lose statutory maternity / adoption / shared parental* leave and pay if KIT / SPLIT* days are exceeded); and
-
E261.6 An agreement by the employer and provider in relation to the timing of KIT / SPLIT* days relative to the monthly payments that the provider will continue to receive if a break in learning is not utilised.
-
E261.6.1 If there is a gap of 4 weeks or more between two KIT /SPLIT days, then a break in learning must be used to pause funding.
-
E261.6.1 If there is a gap of 4 weeks or more between two KIT /SPLIT days, then a break in learning must be used to pause funding.
(*delete as appropriate e.g. KIT / SPLIT, maternity / adoption / shared parental)
E262
The intention of the policy arrangements described in paragraphs E256 to E260 is to allow an apprentice with minimal training left (less than the available number of KIT days) to complete their apprenticeship during their leave or to allow for an incremental return to training prior to returning to the workplace (e.g. to train with a cohort).
-
E262.1 A break in learning must be used where an individual agrees, with their provider and employer, to take a break of at least 4 weeks from their apprenticeship (with or without a break from work) but plans to return to their apprenticeship in the future.
-
E262.2 The maternity, adoption and shared parental leave policy and the use of KIT / SPLIT days is not designed to support sporadic activity during a long period of leave and you must, where possible, avoid multiple breaks in learning.
Recording off-the-job training during a period of maternity / adoption / shared parental
leave
E263
During a period of maternity / adoption / shared parental leave, only the off-the-job training that is delivered on the KIT / SPLIT day(s) can be included towards the minimum off-the-job training requirement. At all other times during the leave period, the apprentice is not ‘working’ and therefore off-the-job training must not be delivered during this time and must not be included in the minimum requirement.
Actions for the provider and employer to take
E264
If the apprentice is not intending to use any KIT / SPLIT days to continue off-the-job training during their period of maternity / adoption / shared parental leave, please follow the guidance for breaks in learning (see paragraphs E276 to E277). The break in learning would be used for the full period of maternity / adoption / shared parental leave.
265
If the apprentice is intending to use KIT / SPLIT days to continue off-the-job training during their period of maternity / adoption / shared parental leave, please see paragraphs E278 to E279.
Changing to a new version of a standard
E266
The below funding rules apply where an existing apprentice wishes to move to a newer version of the same standard including those assigned new version costs under IfATE’s revisions, adjustments and dispensations process.
E267
Apprentices on programme on the earlier version of a standard may transfer to the latest version of the same standard (that is where the ST number remains the same) at any stage within their apprenticeship subject to meeting the rules on end-point assessment (see paragraphs E132 and E134).
- E267.1 Where an apprentice is on-programme on a standard which has been replaced with a new apprenticeship standard (that is with a new ST code), this would be treated as a change of programme.
E268
Where an apprentice wishes to move to a new version of a standard, this must be agreed by yourself (employer), the apprentice and their provider.
- E268.1 You must update both the apprenticeship agreement and the training plan to reflect this agreement.
E269
Where an apprentice changes version, you must make sure that the training and assessment they receive across the whole apprenticeship delivers occupational competence in all aspects of the new standard version and enables them to pass the end-point assessment.
E270
Apprentices must not move back to a previous version of the same standard once they have moved to a new version.
E271
Apprentices who are returning from a break in learning may return to the version of the standard they were on before their break in learning, even where it has been closed to new starts.
E272
If no end-point assessment organisation will be approved and available to deliver end-point assessment for the new version by the time the apprentice requires it, the apprentice must not transfer to the new version.
E273
Where the apprentice is funded through the apprenticeship service, you must use the Standards versioning functionality to assign the apprentice on to the new version.
E274
You must make sure that the combined duration of the apprentice’s time on the legacy version and the new version meets the apprenticeship minimum duration requirements.
E275
Where an existing apprentice moves versions, they will continue the same funding band that they started on.
E276
You may choose to re-negotiate the price for the new version with the provider or the end-point assessment organisation. If the overall price you negotiate is more than the maximum allowed by the funding band for the standard that the apprentice started on, then you must pay in full the difference between the band maximum for the original standard and the total negotiated price.
Summary of action following a change of circumstance
Actions to take where there is a break in learning where the apprentice requires a break in their apprenticeship due to illness, parental leave, or other personal reasons.
New for 1 August 2022:
-
E293 to E294 - New rule: To reflect that where there is a break in employment of more than 30 days and up to 12 weeks, the main provider must, after 30 days, record the apprentice as on a break in learning. Where the apprentice does not re-start with a new employer after 12 weeks, the main provider must withdraw the apprentice from the programme. Updated for version 1.
-
New for 30 September 2022 – version 2
-
E293 to E294 - New rule: These rules will apply irrespective of the apprentice’s start date and will include existing learners who started their apprenticeship programme in previous funding years.
E277
The employer must:
-
E277.1 Notify the main provider that the apprentice will be absent for a period of time
You may also:
-
E277.2 Pause payments through your apprenticeship service account;
-
E277.3 Review or update the duration of the break as necessary;
-
E277.4 Un-pause the record in your apprenticeship service account when the apprentice returns to learning; and
-
E277.5 Extend the practical period of the apprenticeship agreement as required.
E278
The main provider must:
-
E278.1 Record the break and restart dates in the ILR; and
-
E278.2 Re-plan the delivery and agree a revised price, if required, with the employer when the apprentice resumes learning. This must be entered on the ILR. If a different price had been entered previously on the employer’s apprenticeship service account, the revised price must also be entered here, on or before the new start date.
Effect on funding
- Funding from an employer’s apprenticeship service account or government-employer co-investment stops until apprentice resumes their apprenticeship. Funding is capped across both periods of learning so that overall earnings do not exceed the funding band maximum. Funding will recommence based on the new start date in the ILR. All additional payments stop until apprentice resumes their apprenticeship. Any additional payments already made are retained.
Actions to take where an apprentice is using KIT / SPLIT days to continue off-the-job training during a period of maternity / adoption / shared parental leave
E279
The employer must notify the main provider that the apprentice will be going on maternity / adoption / shared parental leave but will be using KIT / SPLIT days to continue off-the-job training. The employer must:
-
E279.1 Discuss and agree the agreement (see paragraph E260) with the provider and apprentice, including when KIT / SPLIT days will be used against when a break in learning will be used;
-
E279.2 When appropriate, pause payments through their apprenticeship service account;
-
E279.3 When appropriate, un-pause the apprenticeship in their apprenticeship service account; and
-
E279.4 Extend the practical period of the apprenticeship agreement as required.
E280
The main provider must:
-
E280.1 Discuss and agree the agreement (see paragraph E260) with the employer and apprentice, including when KIT / SPLIT days will be used against when a break in learning will be used
-
E280.2 When appropriate, record the break and restart dates in the ILR.
-
E280.3 When appropriate, re-plan the delivery and agree a revised price (if required) with the employer when the apprentice resumes learning. This must be entered on the ILR. If a different price had been entered previously on the employer’s apprenticeship service account, the revised price must also be entered here, on or before the new start date.
-
E280.4 Update the apprenticeship documentation with any extended dates (training plan, contract for services). Work with the employer to extend the apprenticeship agreement.
Effect on funding
- Funding from an employer’s apprenticeship service account or government-employer co-investment stops during a break in learning. Funding is capped across periods of learning so that the overall earnings do not exceed the funding band maximum. Funding and additional payments recommence when the apprentice resumes their apprenticeship. Any additional payments already made are retained.
Actions to take when there is a change to the working hours of the apprentice during the programme (e.g. an increase or a decrease to original working hours)
E281
If there is a change of circumstance during the programme, in relation to the working hours of the apprentice, you must discuss and agree, with the provider and apprentice, if this change has a material impact on the current training plan.
E282
The provider must document this discussion, which must include:
-
E282.1 Whether the apprentice can continue to study for the same volume of off-the-job training hours per week;
-
E282.2 Whether off-the-job training can still be delivered within the new working hours of the apprentice;
-
E282.3 Whether the ability of the apprentice to undertake end-point assessment is impacted and
-
E282.4 Whether the programme is being changed as a result of this discussion.
E283
Where all parties agree that there is no material impact on the current training plan, the main provider:
-
E283.1 Must not amend the apprenticeship documentation (apprenticeship agreement, training plan, contract for services)
-
E283.2 Must not amend the ILR
E284
Where all parties agree that there is a material impact on the current training plan, the main provider:
-
E284.1 Must agree with the employer and apprentice how the change impacts on the duration.
-
E284.1.1 If moving from full-time to part-time, please see paragraph E29.1;
-
E284.1.2 If moving from part-time to full-time, the programme must still meet the minimum duration and off-the-job training requirements.
-
-
E284.2 Must work with the employer to extend the apprenticeship agreement.
-
E284.3 Must amend the apprenticeship documentation (training plan, contract for services) to outline the new expected end date.
- E284.3.1 The off-the-job training hours that were agreed at the beginning of the programme do not change (unless, as part of the discussion, it is also agreed that additional training is appropriate because of the change of circumstance).
-
E284.4 Must not amend the ILR (the planned learning end date on the ILR does not change once it is submitted (with the exception of a data input error at the beginning of the programme)).
- E284.4.1 Note that there are no changes required to the apprenticeship service.
Effect on funding
- Funding and additional payments remain unchanged.
Actions to take when there is a change in price where the employer negotiates a revised training or assessment cost, or assessment cost is added after the start of the programme.
E285
Both the employer and main provider must:
-
E285.1 Agree a new price.
-
E285.2 Confirm the new price on the apprenticeship service. If funded by a transfer, both the sending and receiving employers may need to agree the new apprenticeship in the apprenticeship service.
-
E285.3 Revise agreements and / or the training plan as required.
E286
The main provider must update the price on the ILR.
Effect on funding
- After applying the funding band limit, we will hold 20% of the new total price back as the completion payment and deduct any funding already received. The remainder will be spread equally over the remaining planned duration. Additional payments are unaffected.
Actions to take where the apprentice withdraws from the apprenticeship, where the apprentice is no longer employed by the employer and has withdrawn from their programme (not redundancy) OR the apprentice chooses to withdraw prior to completion but remains with the same employer.
E287
The employer must:
-
E287.1 Notify the main provider that the apprentice has left; and
-
E287.1 Stop payments through their apprenticeship service account. This includes where the apprenticeship is funded by a transfer. The stop date that you apply in your account must correspond with the date the apprentice withdrew from the apprenticeship.
Effect on funding
- Funding from an employer’s apprenticeship service account or government-employer co-investment stops. The employer co-investment must be reconciled to the date of withdrawal and a balancing payment may be made by us. All additional payments stop until the apprentice resumes their apprenticeship. Any additional payments already made are retained.
Action to take where the apprentice starts a new role with the same employer and requires a different apprenticeship programme and the main provider remains the same.
E288
Both the employer and main provider must:
-
E288.1 Agree a new price for training and assessment for the new apprenticeship, taking into account relevant learning from the first apprenticeship. If funded by a transfer, both the sending and receiving employers will need to agree the new apprenticeship in the apprenticeship service; and
-
E288.2 Enter the details of the new programme, price and effective date on the apprenticeship service
-
E288.3 If funded via reserved funds you must contact the apprenticeship service support desk.
Effect on funding
-
Funding from an employer’s apprenticeship service account or government-employer co-investment stops. Any employer co-investment must be reconciled to the date of withdrawal and a balancing payment may be made by us. Funding from an employer’s apprenticeship service account or government co-investment for the second programme is made for the new programme. Each programme price is capped separately. Additional payments are received once for each apprenticeship.
-
The co-investment rate for the apprenticeship will be at the rate in force at the time it starts.
Action to take where the employer selects a different main provider where the apprenticeship remains the same.
E289
Both the employer and new main provider must:
-
E289.1 Negotiate a new price, as set out in these funding rules. If funded by a transfer, both the sending and receiving employers will need to agree the new apprenticeship in the apprenticeship service; and
-
E289.1 Update the apprenticeship service with the new price, new main provider and effective date.
-
E289.1 If funded via reserved funds you must contact the apprenticeship service support desk.
Effect on funding
-
Funding from an employer’s apprenticeship service account or government-employer co-investment to the first main provider stops. Payments due to the first main provider are reconciled. Funding from an employer’s apprenticeship service account or government co-investment for the second programme is made to the new main provider. The funding band cap and minimum duration will apply to the total cost across both main providers.
-
The co-investment rate for the apprenticeship will remain at the rate in force at the time it started.
-
The employer continues to receive additional payments. The original main provider retains any additional payments already made. Any remaining main provider additional payments not paid to the original main provider can be paid to the new main provider.
-
The number of days in learning with the first main provider are added to the days in learning with the new main provider to calculate when payments are due.
Action to take where the apprentice changes employer but continues the same
apprenticeship with the same main provider
Where there is no break in employment, or a break of 30 days or less
E290
The original employer must stop payments through their apprenticeship service account, using a stop date that corresponds with the date the apprentice changed employer. This includes where the apprenticeship is funded by a transfer. They can also stop co-investment, as appropriate.
E291
The new employer and main provider must:
-
E292.1 Agree a price for the remainder of the apprenticeship training and assessment taking into account relevant learning from the first employer. This price must be recorded in the ILR as a ‘residual’ price;
-
E292.2 Register the apprentice on the apprenticeship service, if appropriate, for funding to start;
-
E292.3 Confirm arrangements for and start paying, co-investment if appropriate; and
-
E292.4 Contact us if they are unable to register the apprentice on the apprenticeship service.
-
E292.5 If the apprenticeship is now being funded by a transfer, or continuing to be funded by a transfer, then the receiving (new) employer will need to register on the apprenticeship service and the transfer will need to be agreed by the sending employer. For more information on how transfers work, please refer to the ‘Apprenticeships funded by transfer of levy funds’ section.
-
E292.6 If funded via reserved funds you must contact the apprenticeship service support desk.
E292
The main provider must not draw down funds in an employer’s apprenticeship service account or government co-investment for delivery which the ESFA has already paid for with the first employer.
Where there is a break in employment of more than 30 days
E293
The original employer must stop payments through their apprenticeship service account, using a stop date that corresponds with the date the apprentice changed employer. This includes where the apprenticeship is funded by a transfer. They can also stop co-investment, as appropriate.
E294
The main provider must:
-
E294.1 Record the apprentice as on a break a learning on the ILR after 30 days;
-
E294.2 Ensure that a change of employer is declared on the apprenticeship service against the existing record to ensure that the same course is carried over to the new record one the apprentice restarts with their new employer.
-
E294.3 Withdraw the apprentice from the programme if they have not re-started with a new employer after 12 weeks.
E295
The new employer and main provider must:
-
E295.1 Agree a price for the remainder of the apprenticeship training and assessment taking into account relevant learning from the first employer. This price must be recorded in the ILR as a ‘residual’ price;
-
E295.2 Use the restart indicator in the ILR;
-
E295.3 Register the apprentice on the apprenticeship service, if appropriate, for funding to start;
-
E295.4 Confirm arrangements for and start paying, co-investment if appropriate; and
-
E295.5 Contact us if they are unable to register the apprentice on the apprenticeship service.
-
E295.6 If the apprenticeship is now being funded by a transfer, or continuing to be funded by a transfer, then the receiving (new) employer will need to register on the apprenticeship service and the transfer will need to be agreed by the sending employer. For more information on how transfers work, please refer to the ‘Apprenticeships funded by transfer of levy funds’ section within the Employer or Employer-Provider Funding Rules (whichever is relevant).
-
E295.7 If funded via reserved funds you must contact the apprenticeship service support desk.
Effect on funding
-
Funding from the first employer’s apprenticeship service account stops. Any employer co-investment due from the first employer must be reconciled. Funding continues based on agreement with the new employer using the funds in their apprenticeship service accounts, transfer of levy funds or government co-investment. The funding band cap will apply to the total cost across both employers.
-
Additional payments stop for the first employer, but they retain any payments already made. The number of days in learning with the first employer are added to the days in learning with the new employer to calculate when payments are due.
-
Main provider additional payments remain unchanged. The small employer co-investment waiver will stop if the second employer is not eligible.
Where the apprentice is made redundant on or after 15 October and, on the day of dismissal, is within six months of the final day of the apprenticeship practical period OR they have completed at least 75% of the practical period.
E296
The employer must stop payments from their apprenticeship service account, including where the apprenticeship is funded by a transfer. The stop date that you apply in your account must correspond with the date the apprentice is made redundant.
E297
The main provider must:
-
E297.1 Support the apprentice to find a new job;
-
E297.2 Retain evidence of when the apprentice was made redundant and report the change in employment status to us; and
-
E297.3 Refer to the scenario within the Apprenticeship Funding Rules for Providers for action to take with the new employer, where a new employer is found.
Effect on funding
-
Funding from the first employer’s apprenticeship service account stops. Any employer co-investment due from the first employer must be reconciled to the date of the apprenticeship agreement is terminated by reason of redundancy and any differences in employer co-Investment received to those due must be repaid to the employer or main provider.
-
The apprentice is funded through 100% government co-investment until completion. Employer additional payments stop. Main provider additional payments remain unchanged.
Where the apprentice is made redundant on or after 15 October 2020 and, on the day of dismissal, has completed less than 75% of the apprenticeship practical period and the remaining training represents a training duration of six months or more
E298
The employer must stop payments from their apprenticeship service account, using a stop date that corresponds with the date the apprentice is made redundant. This includes where the apprenticeship is funded by a transfer.
E299
The main provider must:
-
E299.1 Support the apprentice to find a new job (within 12 weeks);
-
E299.2 Retain evidence of when the apprentice was made redundant and report the change in employment status to us
-
E299.3 Where the apprentice is withdrawn, record the withdrawal reason as redundancy and issue the apprentice with a ‘record of apprenticeship part-completion’
-
E299.4 Refer to the scenario within the Apprenticeship Funding Rules for Providers for action to take with the new employer.
Effect on funding
-
Funding from the first employer’s apprenticeship service account stops. Any employer co-investment due from the first employer must be reconciled to the date of the apprenticeship agreement is terminated by reason of redundancy and any differences in employer co-investment received to those due must be repaid to the employer or main provider.
-
The apprentice is funded through 100% government co-investment for up to 12 weeks. Employer additional payments stop. Main provider additional payments remain unchanged.