Written Agreement/Contract for Services

Hello - did you ever find out the answer to your question - I am looking to find out if it is a requirement to have a Contract for Services between the TP and the employer as well as the apprenticeship agreement

Many thanks

Hi Margaret Foster

I didn't get an answer on timings unfortunately.

We do however use both, a contract and an apprenticeship agreement. Our Contract for Services is based on a template the AELP share with members.

Hope that helps.

Thank you Jessica - I have just seen this 

Yours was the only answer

The funding rules do require a written agreement between the provider and employer although no timescale is specified as to when this must be in place excepting it would be expected that the contents are agreed before the start date.

P371 The written agreement (or contract for services) between the main provider and employer must include:

P371.1 A breakdown of the total negotiated price (TNP1), associated with the delivery of training and on-programme assessment, against the headings of any of the eligible costs listed in P105 (training, consumables, assessment and administration, as a minimum). This breakdown must not include any ineligible cost and must not include the cost of end-point assessment.

P371.2 The agreed price for end-point assessment (if known) (that will be entered into field TNP2 on the ILR). This is the price that the employer has negotiated with an end-point assessment organisation.

P371.3 Where the total negotiated price changes, the reason for this change.

P375 The evidence pack must include the following:

P375.1 A signed and dated written agreement between you and the employer, updated as required. This is the contract for services between the main provider and employer where funded from an employer’s apprenticeship service account.

P287 If any circumstances change that affect any agreement made between you and the employer, you must revise existing agreements or create new agreements. This includes but is not limited to:

P287.1 changes to the apprentice’s programme (including changing to a new version of a standard (see paragraphs P314 to P327);

P287.2 changes to price;

P287.3 changes to the apprentice’s eligibility;

P287.4 any updates required to the employer’s apprenticeship service account;

P287.5 changes to the apprentice’s contract or working pattern;

P287.6 changes to the apprenticeship duration;

P287.7 changes to the subcontractor; or

P287.8 breaks in learning.

HTH

Does anyone have, can recommend or is willing to share a Written Agreement/Contract for Services that is not a 400000 page Contract document that would scare the living daylights out of an SME who is looking to take on an apprentice?

Shame the ESFA do not provide a template like they do for Commitment Statement and Apprenticeship Agreement - would make life a whole lot easier and standardised

Jumping on this as we've got a similar 'issue' at present whereby a cohort of apprentices is due to start but the employer has yet to sign/return the written agreement/contract for services.

We've got Apprenticeship Agreements and Commitment Statements signed for all and have in principle agreed the terms and conditions (albeit not 'formally').. how would other people proceed? Delay the start until the contract has been returned? Or proceed on the basis that we've got everything else and the funding rules aren't explicit on when this needs to be in place?

There is a requirement in the funding rules to have the Apprenticeship Agreement and commitment statement in place at the start of an Apprenticeship but there is no such requirement for your written agreement (contract of service) with the employer although it may not be considered legally binding if it is not and this is a requirement of the funding rules as per the following:

P225 Agreements entered into between you and the employer must be legally binding. Dispute resolution should be in accordance with the terms of the written agreement, which ultimately would be enforceable through the courts.

Where delivery involves subcontracting the following also applies:

P199 - Clarification: To be clear that the written contract with a subcontractor must be in place before any delivery takes place.

The requirement is all should be in agreed an in place at the start although where signatures are dated a short after may be acceptable to auditors.

HTH

Ben James We still have the same issue working with large firms who have complex legal depts/processes. In those instances we have been starting learners with commitment statement and app agreement as you suggest, whilst the contract is with the employer for review. The points above which Martin raised are largely covered by the Individual Learning Plan and an Employer handbook - both of which we share earlier in the onboarding process, so hopefully that is sufficient.

Thanks Jessica De Melo! I'll set about convincing colleagues that we should be fine to proceed

Thanks for your addition Martin West, it's only just appeared despite being sent earlier!