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I'd argue that one! ILR Spec says;
Reason required
To establish employer eligibility for apprenticeship funding.
If the student is not 16-18 (or 19-24 and EHCP), then it's not establishing employer eligibility.
We definitely don't record as small unless they're actually eligible for the co-investment waiver. It's critical to my validation process!
Only if the employer has made a small <=50 employee declaration that applies to the learner.
Where an individual Apprentice takes the number of employees to over 50 then you would not record an SEM irrespective of age.
From the ILR specifications
To identify whether the employer recorded in the Employer identifier field is a small employer as defined in the funding rules.
The small employer indicator is only required, where applicable, for learners in paid employment on an apprenticeship standard programme.
HTH
Martin West thank you for your reply. Are you saying that we should be ticking small employer for all those with less than 50 employees irrespective of if the apprentice is 16-18 or 19-24 with an EHCP or a care leaver?
Many thanks
The auditor is incorrect it only applies where applicable see ILR specification:
To identify whether the employer recorded in the Employer identifier field is a small employer as defined in the funding rules.
The small employer indicator is only required, where applicable, for learners in paid employment on an apprenticeship standard programme.
So you have to consider both in bold in the above, as an example it would not be applicable if at the time the apprentice starts there is over 50 employees (not a small employer as defined in the funding rules) but learners who started previously where it was less than this would be flagged as SEM where it is applicable (16-18 or 19-24 with an EHCP).
HTH
Hi,
Darren O'Neill You have to close the old employment record and open a new, almost identical, one. It will just have a new start date and no SEM flag, as that flag is attached to Employment Status Record.
Also, just a tip, when you reply to an old thread, only the people who subscribed to it (usually just the people who replied) will get notified of your question. If you want a bigger audience, you have to create a new thread 😊
Claire Piper
Small employer indicator
Created
Our auditor is telling us that we have to tick the small employer indicator even if the apprentice is not eligible, i.e. 16-18 years old or eligible 19-24 year olds. I am quite sure this is not correct. Anyone else experienced this?
Thanks