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I'm not aware of any reference to this scenario in the funding rules, with the cap for OTJ calculations being at 30+ hours there shouldn't be an impact for doing additional hours. That said I'd be incredibly wary of taking on someone who is already working over the legal limit even if there is no proviso in the funding rules that makes them ineligible. I would consider speaking to the employee to make sure they are aware and ask them to revise the individuals contract and hours.
Vic
16-18 Apprentices working hours
Edited
Hi,
I understand that by law a young person must not work more than 40 hours per week (8 hours per day) however if we have a learner who has stated they work over 40 hours would this make them ineligible for funding?