Maggie May

Apprentice who is dismissed

Created

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I am hoping someone could help clarify this situation.

 

If an apprentice is dismissed from his job, he can be out of placement for 30 days and if has not secured alternative employment in that time, he can then be put on a BIL for up to 12 weeks and then withdrawn if not found an employer.

 

I understand this from funding rule 225.1 however it has been suggested to me that he has to be withdrawn because he has been dismissed which isn’t classed as a ‘change in circumstance’ but I am sure this is not the case.

I was thinking that as he had been dismissed this would, according to how I read the Funding rules 23/24, he should be withdrawn

Replies

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Steve Hewitt

Dismissal works the same as any other reason for leaving a job, so, yes, you get the 30 days/12 weeks.

Martin West

It does not mean If an apprentice is dismissed from his job, he can be out of placement for 30 days it only applies where new employment has commenced within 30 days and the DAS account has been set up with the new employer to start within 30 days.

HTH

Maggie May

Hi Martin, thanks for your comments.

Just to re-iterate, if a learner is dismissed, this is not a change of circumstance 225.1 so we should apply the rules for BiL 228.3 where it states you the provider should not record a BiL if they are dismissed.  

Martin West

if a learner is dismissed this is include in both 225.1 and 228.3.

225.1. When employment or an apprenticeship agreement has ended (resignation, dismissal or any other action by the apprentice or the employer that results in the apprenticeship agreement ending,

228.3. When employment or an apprenticeship agreement has ended (redundancy, resignation, dismissal or any other action by the apprentice or the employer that results in the apprenticeship agreement ending). Where an apprentice has been made redundant please refer to the redundancy section in the rules (see paragraphs 231 to 235). 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.

228.3 does not states you the provider should not record a BiL if they are dismissed.

Have I missed something here?

Maggie May

I was looking at 228 the provider must not record a BiL, then lists 3 points including 228.3, hence the slight confusion