1. Home
  2. Further education and training providers community

Ben James

Director eligibility

Created

None

If the director of a company wishes to undertake a Level 7 apprenticeship and suggests that one of their fellow directors could act as their de facto 'line manager' for the purposes of contract/apprenticeship agreement/training plan signature, would this be sufficient to address the below? They've suggested the 3 directors essentially line manage one another on a periodic basis;

P67.3 A shareholder / director with no separate identifiable line manager to undertake the role of ‘employer’, as defined by these funding rules. By this we mean it is prohibited for someone to sign a contract, including an apprenticeship agreement, as both the apprentice and as the employer (even where a limited company, public services company, a partnership, or limited liability partnership has been created to act as a separate corporate entity). 

Replies

No one has replied to this post.

Steve Hewitt

I'm even more squicky about this than I was previously with this new clarification...

I think the vibe is "no", where someone doesn't really have a line manager, I'd be really wary about signing them up. I'd certainly wait for the final version of the rules in case this is "further clarified"...

Ben James

I suspected this would be the general feeling! Company directors are always the most agreeable when given this kind of bad news as well..

Martin West

Do they have a separate identifiable line manager to undertake the role of ‘employer’?

In addition, they must be an employee of the company (not all directors are an employee) and must be on the PAYE scheme declared in the apprenticeship service account.

HTH

Ben James

Martin West - not really, though he has said that one of the 2 other directors could act as such for the purposes of eligibility, hence my uncertainty. Regarding the second part, he is an employee of the company so we're okay as far as that element is concerned! 

Martin West

In that case I would go with what Steveh has said.

Post a reply

Sign in to post a reply