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Subcontractor
A separate legal entity or an individual (not an employee) that has an agreement (called a subcontract) with you to deliver any element of the education and training we fund. A separate legal entity includes but is not limited to companies in your group, other associated companies and sole traders. An individual could include a person who is a sole trader, self-employed, a freelancer or someone who is employed by an agency, unless those individuals are working under your direct management and control in the same way as your own employees. This does not include relationships between the provider and the end-point assessment organisation or the provider and other third parties providing services such as marketing.
Note the following.
P174 You must not make artificial distinctions or put in place convoluted delivery arrangements in order to avoid the application of these rules. For example, describing the arrangement as a partnership or collaborative arrangement.
Gina Bowles
Definition of Subcontractor
Created
Good Afternoon All,
We are currently looking at working in partnership to deliver and apprenticeship alongside side a university.
If we do have this partnership does this mean we would need subcontract in place for the university?
I have read the guidance, forums and spoken to our compliance team - all of this is really conflicting - they would not deliver all of the apprenticeship as per the rules and everything is driven by our team.
I know ESFA are trying to reduce subcontracting but it makes no sense to have subcontracting agreements with people who may only deliver a small part of the apprenticeship - i.e. guess speaker - industry experts - some of it reads like they would need to be subcontracts.
Thank you in advanced.
Gina