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That is a very good question, and I don't think the answer is clear. Guidance says:
Where the apprentice does not re-start with a new employer after
12 weeks, the main provider must withdraw the apprentice to ensure funds
are not paid when the apprentice is not employed.In circumstances where an apprentice changes employer and there is a
break in employment of more than 30 days and up to 12 weeks, please
see paragraph 225.1.
I think that's open to interpretation. Since you're not claiming funding in the meantime anyway, it's only the difference between whether you get a withdrawal or not. Your new employment history record will represent the start of employment, not the restart of the apprenticeship. Your new enrolment start date however, will be the date they resumed the actual delivery. That would be more than 12 weeks from what you've said, but it won't error, it would only be noticed if audited. It's whether you think you can argue it based on the wording of the rules.
I'd send this one to the Apprenticeship helpdesk and see what they say. Be super clear that you think the above can be interpreted two ways, and give them option A or option B as possible answers and ask them to pick one. In my experience, they'll just quote the rules back at you if you don't do that.
Thank you for a very detailed response, Ruth. Unfortunately, this is the experience I normally get with the Service Desk.. but I will try! Thanks for your advice!
UPDATE: Received from DfE: As the apprenticeship was not continued within the 12 week window, it will need to be marked as a withdrawal and then restart the apprenticeship taking into account RPL.
Inna Richardson
Change of Employer
Created
HI All,
I hope you can help
One of our learners has changed employer.
He left employer A in October and started with employer B in December. As it was more than 30 days we put him on BIL. So his break in employment wasn't longer than 12 weeks
However, he didn't resume his apprenticeship within 12 weeks of his last day with employer A.
How do I record this in ILR? Do I keep his original aims temporarily withdrawn, add new employer record for December and restart his aims when he resumes his apprenticeship. Or do I have to withdraw him and restart?
TIA