Ann Weldon

no employer within 30 days

Created

None

Hi, can I have your help on this please?

 

We have an apprentice who left their employer (not made redundant) who after 30 days we cannot get rematched into a new employer

During the 30 days the learner did no learning towards their standards, however we do have evidence of us supporting the learner advising her on how to apply for jobs, how to create her CV etc etc

In this case can we use the date of evidence as the date in which we have been supporting her or under this rule does the learning still have to be relevant to the standard (as per usual)

Thank you in advance

Replies

No one has replied to this post.


Martin West

You must withdraw the learner from the date they became unemployed, the 30 days is not a grace period for which you can claim funding.

HTH

Ann Weldon

Thanks Martin, we can put them onto a BIL though cant we (if I am reading this correctly)

P264.2 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, you must, after 30 days, record the apprentice as on a break in learning (see paragraphs P318 to P320). Where the apprentice does not re-start with a new employer after 12 weeks, you must withdraw the apprentice from the programme to ensure funds are not paid when the apprentice is not employed, in line with rules P318 to P320.

Martin West

That is ok where the Apprentice is changing employer but not where there is no new employer in the pipeline where you must withdraw them where they are not employed.

See P77.2.1

HTH

Raanan Firmin

Another question on this, does the apprentice have 30 days + 12 weeks to start in new employment before withdrawal or is it just the 12 weeks from last date of employment to start in employment?

Ben James

12 weeks from their last date in learning whilst with their (now previous) employer, on the basis that to process the Break you would need to populate the learning actual end date, for which you would require evidence of learning on whatever date you use. 

The guidance could be clearer on this, I think. It talks about the gap in employment, insinuating that the day they lost their job is the day you measure the gap from. This is not the case for the ILR though, as even in the event of a full withdrawal due to loss of employment, you don't use the date they lost their job (per se); rather the date they were last in learning with that employer

If an apprentice leaves without completing their apprenticeship, the last date of learning, including the apprenticeship programme learning aim, is the date you have evidence the apprentice was still in learning for any learning that was part of their apprenticeship. 

Raanan Firmin

Thanks Ben. I think they enjoy not making things clear!