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I know this is not timely, but I'm interested as we had a similar situation.
The paragraph numbers quoted assume the apprentice started in 2023/24 but the principles were established before then and continue into 2024/25.
21.7. [The apprenticeship will be funded provided the apprentice] Spends at least 50% of their working hours in England over the duration of the apprenticeship. [emphasis mine]
Welsh companies are incorporated under the same basis as English ones so theoretically should be able to get a DAS account. They could easily employ apprentices based in England so I see no reason for an arbitrary ban on English ITPs. Yes, the Welsh apprenticeship scheme is different (a devolved matter) but you're not asking for it to be funded as a Welsh apprenticeship.
Even if that doesn't work out:
Apprentices who have their apprenticeship agreement terminated by reason of redundancy who, on the day of dismissal, are within six months of the final day of the apprenticeship practical period OR they have completed at least 75% of the apprenticeship practical period specified in the apprenticeship agreement [emphasis mine]:
235. ... may continue their apprenticeship training without being employed under an apprenticeship agreement (see paragraph 62). In these circumstances the provider can continue to deliver the apprenticeship training so long as all the remaining elements, including the end-point assessment, can still be successfully delivered. [emphasis mine]
So even though a Welsh company employing someone 100% in Wales cannot enter into a legitimate English apprentice agreement, none is needed.
What happened in your case?
Jerry
Hi Jerry,
I had a response from the ESFA. with reagrds to the 50% being worked in England they say that means the apprentices normal working pattern, be that a weekly/monthly rota, 50% of the apprentices hours must be worked in England for the entirety of the apprenticeship. In other word 50% of every month of the apprenticeship must be worked in England. This seems a very strict interpretation of the rules to me. Below is part of ht chat i had with the ESFA.
(02:14:34 PM) Michael Y: Ok. So to clarify the wording of the ruling what that means is working hours per week of the apprenticeship and not the overall duration of the apprenticeship. This means that the must be within England more than 50% of the working hours per week.
(02:15:46 PM) Michael Y: In this case if the apprentice is going to be based in Wales more than 50% our ruling won't apply being our service won't be able to support.
David Holland-Bradshaw
Apprentice transferring to employer based in Wales
Created
Afternoon all,
On the face of it this sounds like an obvious answer but...
We have an apprentice who has been made redundant, from an English employer and has found an new employer based in Wales. The apprentice has completed 89% of her apprenticeship in England and wants to complete with the new employer based in Wales.
My question is, does the employer being based in Wales trump the fact that the apprentice would have completed 89% of her apprenticeship in England and therefore has completed more than 50% in England? With the employer being based in Wales would that mean they would not be able to allocate an English ITP on their DAS?
Thanks in advance.
Dave