Term time only apprentices

It is in the rules:

P47 Off-the-job training is a statutory requirement for an English apprenticeship. It is training which is received by the apprentice, during the apprentice’s normal working hours, for the purpose of achieving the knowledge, skills and behaviours of the approved apprenticeship referenced in the apprenticeship agreement. By normal working hours we mean the hours for which the apprentice would normally be paid, excluding overtime.

Thanks Martin. Yes that is my understanding of when 20% can be delivered however can we deliver teaching and assessment outside the hours for which the apprentice would normally be paid? Thanks, Jon

My interpretation of the ACT would say not and you definitely cannot count towards OTJ.

P43 The employer must allow the apprentice to complete the apprenticeship off-the-job training within their normal working hours, in addition to any English and maths training required. They must provide you with evidence of this for you to keep in the evidence pack.

P49 Off-the-job training does not include:

P49.1 training to acquire knowledge, skills and behaviours that are not required in the apprenticeship standard;

P49.2 progress reviews or on-programme assessment required for an apprenticeship standard; or

P49.3 training which takes place outside the apprentice’s normal working hours.

Interestingly, I was discussing this with a friendly auditor the other week and the concept of time off in lieu for OTJ outside of working hours is still acceptable (the classic being the day release where a learner is in class 9-3 and then does two hours study in their own time but hasn't gone back to work 3-5), per the OTJ guidance:

If training must, by exception, take place outside of the apprentice’s normal working hours, e.g. in an evening or at a weekend for an apprentice that normally works Monday to Friday between 9-5, we would expect this to be recognised, for example through time off in lieu or by an additional payment to the apprentice.

Apprenticeships: off-the-job training - GOV.UK (www.gov.uk)

Hi all

Related to the above, but how do providers handle summer holidays for apprenticeships, as by they will be above the 28-day threshold for a break in learning? We're looking to take on some new learners in a school environment so want to be sure we're doing them correctly.

Is it necessary to do a break in learning each summer or do we arrange a tutor session / set learning in August but have it not count as OTJ (unless the school agrees to give them time off in lieu when term starts again, per Steve's note)?

Thanks

Hi Jim

If their contract is Term Time Only, then you need to average out their contracted hours over the full year. This *may* lead them to being "part time" at which point you have to extend the duration. I'll ping you over my spreadsheet.

Thanks Steve - I've received your email, the file is very helpful.

Have gone back on your email as still slightly unclear about holidays - for example, if they're technically not employed, do we need to amend the employment status each time? Is this just covered / built in to the duration extension? (Even for summer, which is going to be over the 30-day threshold)

Also, if no learning (or at least, no OTJ-compliant learning) takes place for more than 28 days, does that require a break in learning?

Thanks

Replied, but for those who search in the future:

They *are* employed even when they're not working, if they weren't you couldn't have them on an app because their contract of employment must cover the full length of the app.

And no, no breaks or withdrawals, you just have to plan their programme (which may well have gaps over 28 days) to match their working pattern. And then, as long as you can evidence that the plan happened, everything is fine.

I'm just looking into our calculation of term time only staff, would you be able to send me your spreadsheet across too Steve Hewitt please if possible?

Hi Melissa

Should be able to get to it here: https://drive.google.com/file/d/1_Kbfvp9CmKjsiaisE_W9W9FlNATfYni3/view?usp=sharing

best to download a copy as sometimes the formatting goes a bit wonky (no liability entered into, do your own sums etcetc ;))

Thank you very much!

Hi Steve Hewitt, 

I found this thread as I was trying to assist a colleague with the OTJ calculation for term time only apprentices and the link still works but the minimum duration (wks) cell is a fixed value of 61 - not sure that is correct? This means that the cell below, minimum duration (days), is always 427 could you have a quick look and let me know if I am not understanding or if someone has typed in something other than the yellow boxes?

thank you!

Hiya

Have you downloaded it? should be ok? Seems to work for me, but then it's my spreadsheet!

thank you for your quick reply Steve Hewitt, I did download it and cell B9 is still a fixed value of 61 which I don't understand as the OTJ only refers to the practical period and so minimum duration is not this number.  I was assuming that this cell would be a formula to work out the minimum duration in weeks based on the averaged out weekly hours from cell B6 and your usual duration (from cell B8, but nothing refers to this) based on someone completing 30 hours per week or over? but I have probably got the wrong end of the stick...

thank you for your advice.

 

Aha, no, someone's broken it!

It should be a calculation in there. Have just updated, so should work now.

 

All good now - thank you!