Louise

37.5 hours to 30

Edited

None

Hi all,

We have just been informed that several learners at one of our employers have permanently had their hours reduced from 37.5 to 30 - some last year and we have only just been informed.  I know that for less than 30 hours we would need to recalculate to extend the duration but I am wondering what we do re: OTJ in this instance.

Would we now re-calculate the 20% OTJ based on 30 hours?  I assume that we do not need to extend the duration as it is not below 30 hours?

I imagine the planned hours on the ILR has to remain the same as originally planned but I'm thinking that the re-calculation would be the evidence trail of why they had not met the planned?  

Conversations have been had with the employer and they do not feel that it is possible to fulfil the original planned - we will of course record this. Any thoughts gratefully received! Many thanks

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Steve Hewitt

Hmmmm, this is a bit annoying. Per para 312-315 V3, I'd certainly describe this as a "material change", but the rules seem focused on increasing hours, not decreasing...

Specifically, there's this:

P315.3 Must amend the apprenticeship documentation (commitment statement,
contract for services) to outline the new expected end date.
P315.3.1 The off-the-job training hours that were agreed at the
beginning of the programme do not change (unless, as part
of the discussion, it is also agreed that additional training is
appropriate because of the change of circumstance).

Which seems to be saying you don't have to *increase* where a learner goes PT to FT, rather than, explicitly, that they can't be reduced when going the other way...

I'd argue pretty strongly that, if you've got the rest of the evidence mentioned, that reducing the OTJ to meet the average hours over the length of the app would be appropriate, but it aint in black and white...

Louise

Much appreciated Steveh, good to have someone else's thoughts!