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If they can't log any OTJ, it'll have to be a break I guess. The trouble is, if they don't restart within 12 weeks, it's a full withdrawal (246.1) 😕 It doesn't really impact on the apprentice, but it hits your stats.
The guidance is unclear, as it says "Where new employment has not commenced within 30 days...", but I'd argue there would have to be an apprenticeship agreement in place at that point. I wish they'd word that differently to be clear they have to have actually restarted the apprenticeship, not just have been employed, as we know those two things often don't align.
Thank for your reply Ruth and I agree it's not clear here...and we are yet again at risk here of being penalised for normal employer practice.
It isn't unreasonable for an employer to want new staff to pass probation before they invest either LEVY or co-investment funding into training.
If the new employer is willing to sanction BIL, as passing probation is a pre-requisite for resuming the apprenticeship, arguably we could transfer to new employer / then put on a BIL for that reason?
Yes, I can totally see the employer's point of view!
That's a cunning thought if you can get the employer to agree! Get them to do a small amount of OTJ with the new employer, with agreements all in place etc, then soon after put on a break. Saves your stats as there's no time limit for a break that wasn't connected to a change of employer. Hopefully the employer would be ok with that, but it might trigger one month of payment, you'd have to work that out.
Tracey Grant
Learners changing employer - probation period
Created
Hi - I am seeking some advice please:-
We have 3 apprentices who have left their employer and gone to another employer - the gap was less than 30 days between leaving / starting
However - the HR policy of the new employer states that they must complete 6 months probation before they can continue their apprenticeship. Is this justification for putting on a BIL?
thanks
Tracey