r012943

Apprentice employer change outside of 30 days

Created

None

Hello, 

Where an apprentice leaves employer and doesn't start with new employer until after the 30 day threshold (but before the 12 week point), I understand that we can process this as a BIL and restart. 

However, should the actual end date for the BIL record be the last date of learning evidence we have prior to leaving the first employer (e.g. just like it would be for 'normal' BILs and withdrawals)? Or would we be able to use the date they left the first employer as the actual end date in this instance?

And when they start with new employer, would we need to ensure that we have learning evidence on this date to support this as the start date on the restart record (e.g. like a 'normal' BIL returner)? Or would evidence of this date being the start date at the new employer suffice in this instance?

Thank you for any help. 

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Martin West

The purpose of these fields in the ILR specification is to record the first and last day in learning why would you think it would be any different due to this rule?

HTH

r012943

Thanks for your help Martin, I didn’t necessarily think it would be different, but it’s the fact that these fields aren’t required for learners who move employers within 30 days that prompted my question. Thank you again.

Martin West

For those that move employers within 30 days the stop date entered in DAS for the change of employer determines how this is reported in the ILR see: https://help.apprenticeships.education.gov.uk/hc/en-gb/articles/4407050719378-Stop-dates-to-use-following-a-change-of-employer-where-the-gap-in-employment-is-30-days-or-less

HTH

Ruth Canham-James

r012943 I'm with you, it's not clear. The rules say P319.1 Record the apprentice as on a break a learning on the ILR after 30 days. That makes it sound like the Break starts after 30 days.

Martin, you've correctly said the Actual End Date is the last day in learning, but when an apprentice leaves an employer, we normally let them carry on with college based lessons, as long as there is a very realistic prospect of them getting a new employer shortly. Otherwise, they miss out on content where the classes are going to carry on without them. In that case, the AED for the Break could be a few weeks after they left their first employer, and after the DAS was stopped. In other cases, no learning happens whilst they're between employers. How does that impact on funding?

So we are accurately representing AED, but that does mean the Break sometimes starts immediately after they left the employer, and sometimes starts 30 days after they left their employer, and anything in between.

If we get past 30 days unemployed, we then have to ask the student to stop attending classes. That's a real issue if they do end up finding a new employer within 12 weeks, as they've missed a load of content.

I didn't think it was the DAS stop date that drove this ultimately, I thought it was the Learner Employment Status entity in the ILR.

Martin West

It is Ok to continue learning when you know the change of employer is within 30 days as the funding would be covered for the period by the outgoing and incoming employer but the guidance for DAS stop date must be followed to avoid any Dlock issue otherwise the following would apply ‘If the original employer does not want to move the stop date, the training provider will need to record the change of employer as a withdrawal from the date they left the original employer and then a restart with the new employer’

Where it is over 30 days the BIL starts on the last day in learning while employed under an Apprenticeship agreement.

Yes, it is important to know from the outset if the Apprentice has secured a new employer and that all the arrangements are in place on DAS

HTH