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I'm really interested to hear other people's thoughts on this. There are rules about the employment being long enough to cover the apprenticeship, but they're all talking about from the start really. I can't recall that there's anything similar for a resumption after a BIL.
I think we'd go ahead and let them take a BIL and resume, on the understanding that they would need to get their contract extended OR find a new employer to be able to complete. The original arrangement did meet this rule;
P27 ... they must be employed by an employer... under a contract of employment. This arrangement must be for a period of time which is long enough for the apprentice to complete the apprenticeship successfully, including the end-point assessment.
Ideally they'd get their contract extended, but there are times that's just not possible for an employer, and they've perhaps decided this isn't going to be a long term employee for them.
I'd be inclined to agree with Ruth. The break in learning wouldn't directly make them non-compliant, but once they return they'd need to provide evidence their contract had been extended to cover the remainder of the apprenticeship otherwise then it's non-compliant. I think it would make sense for you to gauge the likelihood of this happening now though, or you're pretty much just kicking the can down the road.
@... What if the employer won't extend the contract at point of restart? They might still have several months before the contract is up. Would you just say they can't restart, or they'd have to find a new employer with a longer/permanent contract, and have started with them, to be able to restart?
I guess it depends how you interpret that rule, and whether you think that just needs to be the case up front, or whether it needs to be the case for a restart. It's isn't clear.
Vicky Matthews
Break in Learning and Fixed-Term Contracts
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We've got a learner who is considering taking a Break in Learning (BiL), but they are on a Fixed-Term Contact (FTC) which ends shortly after their current Apprenticeship End-Date.
If they do take a BiL, they would need to join a different cohort on their return. Their planned return to learning date would be before their current FTC ends, but their revised Apprenticeship End-Date would then fall after the end of their current FTC.
So, can they take a BiL and should they be allowed to return to their apprenticeship, if their current FTC doesn't cover their whole apprenticeship?
(To complicate matters: there is the possibility their FTC could be extended while they are on BiL, or they may look for another job for after their current FTC ends.)