Daniel Shaw

Term time learners issue

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Hi All

We have just identified 3 learners who are on a standard that is 2 years minimum.

These learners were put on for the 2 years, we have then found out that these learners are term time only working 39 weeks a year

Can anyone give me some advice as to what we need to do with these learners. They started early 2021.

I think they need extending by 26 weeks, but do we have to change the ILR? 

TIA

Dan 

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Steve Hewitt

Depends entirely on how many hours a week they're contracted? Because that will determine their average hours per week over the whole year. An extra 26 weeks feels like a lot though? How many hours are they on?

If they do need significantly extending, you'll have to close their current aims back to start and set up new ones with the correct Planned End (the only time I'd ever advise doing this).

Daniel Shaw

Hi Steve

So, one learner is on 31 hours a week, and the other 2 learners do 37 hours per week

Thanks 

Steve Hewitt

Let's do the easy ones first! Someone on 37 hrs a week over 39 weeks averages out at 31 hours a week over 46.4 weeks (ie 52 minus stat leave), therefore are still "full time" (ie over 30 hours) so do not need to be extended.

By the same calculation, I make it that someone on 31 hours a week does 26 hours on average? So, given a usual duration of 104 weeks, I'd extend it to 120 weeks? I'd say it's kind of borderline as to whether you need to change the ILR? You *definitely* need to change the Commitment Statement with appropriate notes to explain the mistake. As you'll have calculated the OTJ from 31 hours, it should definitely be over 20%, so that can just stay the same.

Daniel Shaw

Oh excellent. Its not as much of a disaster as I first thought.

Thanks for this, have a great weekend

Ruth Canham-James

Just jumping on this thread as guidance has changed for next year. The 22/23 guidance seems to assume we treat Term Time Only as full time. As a result, we have to deliver the 278.4 hours (6 hours a week for 46.4 weeks), over just the 39 weeks they actually work, so 7.14 hours a week, and no need to reduce duration.

We've always treated TTO as part time, as ours always have an average weekly hours below 30 (35 hours x 36 weeks / 46.4 = 27.15), and we extend the minimum duration accordingly. We're planning to still do that for starts in 22/23, and I can't see how an auditor could argue with that. We'll calculate OTJ as if a part timer, and we'll extend the duration, so they absolutely will still get at least 20% OTJ for their actual working hours over the apprenticeship, and the minimum duration will have been met.

Is anyone thinking of doing the same?

Steve Hewitt

Yes! :)

Can't see any other reasonable way to do it.