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Hi Claire, two areas here, No 1 ESFA Funding Rules:
Financial contributions by an apprentice
145. The provider or the employer must not ask the apprentice to contribute
financially to the eligible costs of training, on-programme or end-point
assessment. This includes both where the individual has completed the
apprenticeship successfully or has left the programme early.
145.1. Costs include any co-investment or additional training and assessment
costs above the funding band, that the employer has paid directly to the
provider, where this is part of the agreed apprenticeship.
So if the Apprentice Leavers before the end of two years they cannot force them to pay back any money for the Apprenticeship.
No 2 This type of clause may also be considered as a 'restraint of trade'
So, I cannot see how the Employer would have a leg to stand on legally if they try and hold these Apprentices for two years after they complete!
Claire Ford
Additional Training Agreement from Employer
Created
In the last couple of weeks we've had a few of our apprentices telling us that their (small) employers are asking them to sign an additional training agreement which states that they agree to stay with them for a minimum of two years after achieving their apprenticeships. I'm pretty sure that's illegal in employment law. Does anyone have any experience of this sort of thing?
TIA