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Ben James

No plan for active learning

Edited

Hypothetical time.

Where the rules say:

75.2. A break in learning must be used where there is no plan for active learning to take place within a calendar month. The only exception to this is for those apprentices with a term-time only contract, where we do not require a break in learning for the month of August (i.e. the summer holiday period).  

What are peoples thoughts on situations where a plan might have a gap (e.g., 2 or 3 months), but the apprentice has actually logged off-the-job during that time?

The above suggests a break is mandatory because there was no plan for learning, but do we think this supersedes actual learning?

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Ruth Canham-James

Personally, I think actual learning should supersede that rule. The point of the breaks is that we shouldn't be paid for months where we don't do any work, but if they're doing something, I think we should get paid?

Ben James

That'd be my sense too. I completely get that providers should be looking to plan training in a way that means there aren't aren't gaps, so that apprentices are engaged throughout.. but if the plan has a gap that the apprentice has filled, it seems counterproductive to then say "sorry mate.. you know that self-directed/workplace learning you did.. it doesn't count because we didn't plan it ahead of time.. on a break with you!"

Martin West

OTJ hours are active learning.

Steve Hewitt

Tricky, I think the point of 75.2 is a roundabout way of them saying "don't plan programmes with two month gaps", the idea being that it replaced the 28 day nonsense as a "concession" to, eg, retail workers over Christmas. As your hypothetical suggests, "planning" 2 hours of learner-led study in a month with nowt else would mean you could avoid a plan with gaps that long...

(apologies for all the scare quotes!)

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