Tyron Wain

Apprentice 'left' employer mid EPA

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Hi all.

 

We have had an apprentice go through EPA, complete the first element. They work in a term-time setting. Due to the EPAO not being able to book them into their second part quick enough - they had a date after her last working date, but before the end of the calendar month. The EPAO have told her that she cannot do the second part of the EPA. 

Any advice would be really appreciated - as we are at a loss!

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Ruth Canham-James

Sadly, that's correct. That's why we have to get agreements from the employer that cover the entire apprenticeship, including the EPA. Obviously, you can't know how long it'll take between gateway and final part of EPA, there are so many factors involved! It also varies between EPAOs depending on the point at which they'll let you book the EPA, and you can't guess how busy they'll be over 12 months in advance. I think someone suggested a possible loophole of the employer keeping them on their books, but on a zero hours contract, so they're still technically employed. It's perfectly allowable to have a zero hours apprentice from day one, and it's allowable for apprentices to change their hours patterns part way through, so why not this scenario? Nearly all the change of circumstances requirements when an apprentice changes working hours, aren't relevant if they've already got past gateway. The rules even say (22/23);

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 

So seems legitimate to move to zero hours for the final bit of the EPA? It just means that the employer remains responsible for the completion element (if they're levy or paying the 5%).