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Were they made redundant? If so, it's fine. There is also now an extra allowance for change of employer (120.2). My understanding is that doesn't involve the new employer getting involved, especially given the fact that you have to contact the apprenticeship service to trigger completion suggests the new employer. I'd just call them, it's usually quicker.
120. The apprentice must be employed until the end-point assessment is completed. Consideration must be given to the potential time needed for any re-sit and / or re-training prior to re-taking the end-point assessment so the apprentice remains employed during this time.
120.1. The only exception is where the apprentice has been made redundant and we are funding the apprenticeship to completion. In this case, any main provider responsible for the completion of the training can act as a proxy employer for the purposes of providing any required employer competency statement. This does not mean the main provider records themselves as the employer in the ILR.
120.2. Where an apprentice has changed employer after they have completed all the training and reached gateway, including where the new job role is not related to the apprenticeship, the apprentice may complete the end-point assessment in agreement with the end-point assessment organisation and the provider, so long as the end-point assessment can be successfully delivered and funded.
120.2.1 Providers must contact apprenticeship service support to get approval to report this change to us and to receive the technical details for claiming the completion payment.
Sorry Ruth Canham-James, doesn't 120.2 apply to ANY learner? It's only 120.1 that applies to redundos, isn't it?
We've been successful in gaining authorisation for the final payment to be claimed via EAS for at least 3 apprentices. At least 1, possibly 2 have also achieved and been claimed.
One of them started in 20/21 (!!!), and so I specifically asked the Apprenticeship helpdesk about whether we could claim them, expecting the answer to be no. However, I was told we could, and we did receive the authorisation (They've not achieved yet, so we've not done the EAS claim).
To conclude - it's worth at least trying to exercise this clause no matter when they started, as despite what we were told at the time, it does appear possible to claim them.
Hello, apologies for the tardiness of my response. A colleague and I had previously contacted the DfE and were given conflicting answers, so I was curious if anyone else had any luck.
I've since received a follow up message from the DfE who have confirmed that I can seek approval to claim the completion payment via the EAS, as long as the below points apply, which they do.

Many thanks for your replies.
Christina Marfleet That's useful to know, thanks 😊
Christina Marfleet
Learner lost employment in gateway
Created
Hello,
I’ve raised a ticket via the customer service portal but haven’t yet received a response. I’m seeking guidance regarding a learner who lost their employment after entering Gateway. Unfortunately, although the learner did secure new employment, the new employer was unwilling to engage in the final stages of the apprenticeship (essentially the paperwork).
Because these events happened within a very short time frame — the change of employer and the Gateway assessments — the learner was still able to complete all Gateway requirements and has now been certificated.
My question is whether this is allowed, given that although the learner was employed at the time, we are unable to record them as employed in the ILR because the new employer will not go on record. I don't want the learner to lose out, and it would be nice to think that we could have the completion.
Thank you,