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Helen Thorpe - Have you heard back from ESFA in regards to this? I'd like to know their recommendations. In my view, there are two possible scenarios. First, the employer might permit learners to engage in apprenticeship work during garden leave since they are technically still employed, although they may require access to equipment. Alternatively, learners could be placed on a break if they cannot fulfil their apprenticeship obligations during garden leave. Redundancy rulings would then kick in after made redundant, how that works on the ILR - no idea at the moment :)
My thoughts anyway
Sarah Wartnaby - We haven't yet heard back but I have been told it has been referred to the Specialist Support Team and I am now awaiting a response from them. I will post here when I get a response to support anyone else who has apprentices in the same situation. Whilst we are awaiting a response our thoughts were similar to yours for the first scenario - that they could continue to engage in apprenticeship work as they are still employed and can be asked to undertake work at any time during the gardening leave period. We were unsure about being able to place them on a break as there would be no intention for them to return to the same employer after the break, although under the latest rules you can be on a 12 week break between employers. A break can also cause a problem for some of our programmes, because there might not be a clear restart point after the gardening leave period due to the programme delivery pattern - which could then prevent them being able to benefit from the redundancy rulings, so the option to continue in learning would be preferable if this is supported by the rules.
Sarah Wartnaby - I have today received a reply from the ESFA - they have advised that it is acceptable for an apprentice to remain in learning during their gardening leave where the employer supports this up until the gardening leave ends and their employment contract is terminated. At which point - because the apprentice is no longer employed - we then have to follow the rules on change of employer if the apprentice intends to continue.
This is great news and fits with your first scenario above and the way in which we have been applying the rules for our affected learners.
Helen Thorpe
Redundancy and Gardening Leave
Created
Has anyone had a learner who is placed on gardening leave prior to being made redundant? We have an increasing number of learners being placed in this position and we are not sure what status they should have during this time. As they don't have access to workplace resources, should we place them on a break in learning even though they won't be returning to the same employer at the end of the break? It seems counter-intuitive to put them on a break for 12 weeks of gardening leave if they can then continue in learning for the 12 weeks after the date of their redundancy, but the funding rules don't make it clear what to do in this situation. We have an enquiry pending with the ESFA, but wondered in the meantime if anyone else had had this situation and if you have received advice on whether a Break in Learning should be used or not during the gardening leave period?