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As Martin rightly pointed out, you categorically couldn’t charge the apprentice for anything.. but I don’t think there’s necessarily anything stopping you from adding a provision to the contract stating that you’d seek restitution outside of the levy, if for example the employer terminated the apprentice while they were in gateway for ‘no reason’, or if they broke the terms and conditions you set out within the agreement for services, which resulted in you missing out on the 20% completion payment.
If they signed it, they’d be bound by it.. but to what extent you’re prepared to fight it legally if they refuse is really up to you. Generally speaking if someone is prepared to break the terms and conditions of a contract, I can’t see them then honouring the penalties.. at which point it’s a case of “am I really going to go to court over a couple hundred/few thousand pounds?” when the cost of litigating would probably outweigh anything you’d recoup.
In short.. we don’t do it, I doubt many do, because it’s not massively worth it
Anna Warhurst
Withdrawal charges - Apps
Created
Is it possible to apply admin charges for learners who don't complete the course (specifically levy funded) - eg % against funding drawn down to date, % of total funding for programme, etc
Does anyone else do this?