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Darren O'Neill
Contractual Employer for New Apprentice
Edited
None
Hi, we have received the following query from a colleague in our Business Development team, regarding a new Apprentice:
"I have a company, Employer A, that have a levy pot and also a member of staff who they pay from their payroll as an accountant, technically though she is employed by one of their contracting partners Employer B. In order for her to be an apprentice, would we use Employer B (her contractual employer) or Employer A, where she works and will support her apprenticeship and whose payroll she is on?"
Given that the Apprenticeship Agreement states, 'The Apprenticeship Agreement is to be treated as being a contract of service not a contract of Apprenticeship", we are little unsure of how to advise.
Our initial thought was to go with the employer with a levy pot, but if the learner is contracted to the other employer, would this cause any issues with ESFA?
Any advice would be greatly appreciated!
Thanks
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Martin West
You may get this where connected companies are included in a single levy account, connected companies will have a minimum of 50% shareholding by the parent company.
Darren O'Neill
Contractual Employer for New Apprentice
Edited
Hi, we have received the following query from a colleague in our Business Development team, regarding a new Apprentice:
"I have a company, Employer A, that have a levy pot and also a member of staff who they pay from their payroll as an accountant, technically though she is employed by one of their contracting partners Employer B. In order for her to be an apprentice, would we use Employer B (her contractual employer) or Employer A, where she works and will support her apprenticeship and whose payroll she is on?"
Given that the Apprenticeship Agreement states, 'The Apprenticeship Agreement is to be treated as being a contract of service not a contract of Apprenticeship", we are little unsure of how to advise.
Our initial thought was to go with the employer with a levy pot, but if the learner is contracted to the other employer, would this cause any issues with ESFA?
Any advice would be greatly appreciated!
Thanks