Rule Name R110

R110 is under the Cross Record Rules. It says

If an apprenticeship programme is funded (LearningDelivery.FundModel = 36) through a contract for services with an employer (LearnDelFAMType = ACT and LearnDelFAMCode = 1), the learner must have an employment status of 'Employed'

(error where if the LearnerEmploymentStatus.EmpStat (applicable on LearnDelFAMDateFrom) <> 10)

This rule is not triggered for
Restarts (LearningDeliveryFAM.LearnDelFAMType = RES)
or
Learner has been made redundant (EmploymentStatusMonitoring.ESMType = OET and EmploymentStatusMonitoring.ESMCode =  1) on the latest LearnerEmploymentStatus.DateEmpStatApp

I think your EmpStat is wrong as 10 is employed or 11 if not employed. 0 is not a valid option

In this context, I think the 0 means an employment history record doesn't exist. You don't need a record that has the same start date as the apprenticeship, you just need one that starts at least one day before, which you do.

Check your raw xml for an employment history record. It may be that your MI system isn't including them. It comes between prior attainment and the learning delivery:

Open the xml in Notepad, and Ctrl+F to find a Ref No of an apprentice, and check what's there.

Oh! I *think* this is a Known Issue on EBS? EmpStats aren't exporting properly for some reason... For once, not at an EBS college at the mo, but heard mention of it in passing...

I also have EmpStat_09 for a learner who was released from his previous company, but them managed to find employment with another company within the 6 week period, and the field value is relating to his original start date with his previous employer (EmpStat=(missing)|LearnStartDate=06/01/2025|) so not sure what I should do, as I have put a new date for his new employment in; should I have put this as a ‘restart’, despite the fact he has still been in training throughout his break in employment?

I also have a R110 error for the same learner, where it states the field value FundModel=36|LearnDelFAMDateFrom=06/01/2025|EmpStat= | 

On top of this I have the warning EmpStat_12 for the same learner.

 

Tracey Richardson The allowable gap between employers (where it wasn't redundancy) is only 30 days, not 6 weeks. Did you add a new employment history record for the new employer within 30 days of the previous record being closed? Both those errors suggest you haven't (or it's not going in your ILR for some reason).

Ruth Canham-James, Ah! I was told it was 6 weeks, but the issue we had with the dates for this learner is due to it happening during the summer holidays, so I was relying on dates given to me by my boss, so it calculates as 41 days. Might be worth me checking with the learner/employer to make sure I have the correct dates for starters.

That said, if it is the case that these are the correct dates, then I assume that if I close the original down as withdrawn, then 'restart' a new ILR with new dates and new employer, that is the correct way to sort this issue?

TBH, I have only had to deal with learners that have been made redundant in the past, so hasn't caused me the same issue.

Thanks again.

 

That one can be a break and restart. It's in the guidance.

271.1. 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, with the exception of redundancy) and new employment has commenced within 30 days we do not expect a withdrawal to be recorded. Where new employment has not commenced within 30 days, the provider must, after 30 days, record the apprentice as on a break in learning. Where the apprentice does not re-start with a new employer after 12 weeks, the main provider must withdraw the apprentice to ensure funds are not paid when the apprentice is not employed. 

 

Ruth Canham-James Thanks again. I have let my boss know so we can check the dates to make sure it is over the 30 days and apply a break and restart as you have suggested.

Trying to make sure all my data is clear for the R14 and as he has recently changed employer, this came up!