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You cannot circumvent the rule that the planned end date must not be changed, you should extend it by the duration of the BIL when they return see below.
P35.2.1 Where the apprentice takes a break in learning and then returns to the same apprenticeship, the apprenticeship agreement must be revised, to account for the duration of the break. It must be clear that there have been multiple episodes of learning. The overall duration of the apprenticeship and the required volume of off-the-job training can remain the same (as though there had been no break in learning).
Thank you for your response Martin West
Please may I ask, this apprentice has been moved from the 3 year accelerated route to the part time route (same programme just different modes) - Will his PED stay the same in this situation or can we change it to his new PED based on him now being enrolled on the part time route?
Many thanks,
Claire
PED will stay the same as extended due to the BIL See:
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)
P305 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 employer and apprentice, if this change has a material impact on the current training plan.
P306 You must document this discussion, which must include:
P306.1 Whether the apprentice can continue to study for the same volume of off-the-job training hours per week;
P306.2 Whether off-the-job training can still be delivered within the new working hours of the apprentice;
P306.3 Whether the ability of the apprentice to undertake end-point assessment is impacted; and
P306.4 Whether the programme is being changed as a result of this discussion.
P307 Where all parties agree that there is no material impact on the current training plan, the main provider:
P307.1 Must not amend the apprenticeship documentation (apprenticeship agreement, training plan, contract for services) or the ILR
P308 Where all parties agree that there is a material impact on the current training plan, the main provider:
P308.1 Must agree with the employer and apprentice how the change impacts on the duration.
P308.1.1 If moving from full-time to part-time, please see paragraph P36.1;
P308.1.2 If moving from part-time to full-time, the programme must still meet the minimum duration and off-the-job training requirements.
P308.2 Must work with the employer to extend the apprenticeship agreement.
P308.3 Must amend the apprenticeship documentation (training plan, contract for services) to outline the new expected end date.
P308.3.1 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).
P308.4 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)).
P308.4.1 Note that there are no changes required to the apprenticeship service
Claire Marshall
Change in mode, BIL and new PED?
Created
Hi,
We have an apprentice who started with us in September 2020. He was hugely impacted by Covid-19 and other personal issues.
His planned end date was September 2022, and he went on a break in learning in September 2022 also.
He failed multiple modules and is planning to resit. He came back from his break in January 2023, meaning that his new planned end date would have also been January 2023 (3 months from September 2022)
Our questions is, should we keep him on his break in learning whilst he completes all his resits and then bring him back to start afresh with new learning.
Another implication is he has been moved from the accelerated mode to the part time mode (he commenced originally in year 2 of 3 for prior learning) and he has been moved to the 5 year route. Can his new planned end date account for the change in mode?
Many thanks,
Claire