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We still follow the last date in learning rule. We always start the break on the last day of active learning up to 30 days after they left their employer. It could be somewhere in between if they did some learning after they left their employer, but nothing between days 20 and 30 after that. If they don't find a new employer in 12 weeks, you don't change that Actual End Date.
If they didn't do any active learning in the 30 days after leaving their employer, then we'd record the AED on or before them leaving their employer, still following teh AED rules. That might be where the contradiction comes from, one is assuming there was still learning for 30 days, the other is assuming there wasn't.
I think active learning can continue without any employer in some cases, but only up to 30 days (or 12 weeks if made redundant). It would be a right pain if they missed 3 weeks of in college lessons before they found a new employer! We give them 30 days where they can keep attending so they haven't fallen behind if they do get a new employer.
Alicia Davis-Wills
BIL/Loss of Employer
Created
Hello,
If an apprentice loses their employer on 1st April 2025, they have a 30-day period to secure a new employer. Should this period be exceeded without finding a new employer, the apprentice must be placed on a Break in Learning (BIL), and if no employer is found subsequently, they should be withdrawn.
Which dates should be used to start the BIL and which date should be applied for the withdrawal in this scenario?
We have encountered conflicting guidance from the helpdesk. Initially, we were advised to commence the BIL on the 30th day following the loss of employer, which is the procedure we have been following. However, we have recently been informed that the BIL should begin on the last date of active learning, with the withdrawal date also reflecting the last date of active learning.
This interpretation raises concerns, as apprentices in such cases would effectively be withdrawn before losing their employer, given that active learning cannot continue without an employer.
Furthermore, Rule 271.1 states that the BIL should start after the 30-day period, with no mention of backdating the BIL. It also suggests that the withdrawal date should correspond to the date the apprentice lost their employer, rather than the last date of active learning. This distinction is important as apprentices may remain employed after their last date of active learning due to block release arrangements.
Any advice/interpretations would be great!