Apprenticeship Enrolment Form 2020/2021 (Employer) – Part 1


Apprenticeship Enrolment Form 2020/21

To undertake an Apprenticeship, the apprentice must meet the individual and funding eligibility requirements. These general requirements are listed below. We may ask for supplementary evidence when making eligibility decisions:

- The apprentice must meet any course specific entry requirements - for more information please contact the relevant Curriculum Department.
- The apprentice must be in paid employment for at least 30 hours a week - unless otherwise agreed with Achievement Training in advance
- Apprentices can not be self employed however can be employed with a zero hour contract.
- The apprentice must be a UK or EU citizen or have a legal right to be in the UK and have been a resident for the three years preceding the apprenticeship start date. If     the apprentice is a spouse or dependant of an EU citizen they may still be eligible, please contact us for more information.
- The apprentice must not be currently undertaking another apprenticeship.
- All apprentices must spend at least 50% of their working hours in England.
 

Apprentice Details


Employer Details


Apprenticeship Commitment Statement and Apprenticeship Agreement

Please read the below details and tick to confirm you have read and understood the content.

 

Apprenticeship Agreement

Further to the Apprenticeships (Form of Apprenticeship Agreement) Regulations* which came into force 6th April 2012, an Apprenticeship Agreement is required at the commencement of an Apprenticeship for all new apprentices who start on or after that date.

The purpose of the Apprenticeship Agreement is to:

  • Identify the skill, trade or occupation for which the apprentice is being trained; and
  • Confirm the qualifying Apprenticeship Standard that the Apprentice is following.

The Apprenticeship Agreement is incorporated into and does not replace the written statement of particulars issued to the individual in accordance with the requirements of the Employment Rights Act 1996. In signing this document the employer confirms that the statement of particulars is in place for the named Apprentice and the following applies:

  • The Apprenticeship is to be treated as being a contract of service not a contract of Apprenticeship.
  • The Apprentices job "allows the apprentice to gain wider employment experience required by the apprenticeship standard and that they are able to complete all elements of the Apprenticeship within their contracted working hours.
  • Confirm that the intention at the start of the apprenticeship, there is available time for the apprentice, of any age, to be able to complete the apprenticeship programme.

The Apprenticeship Agreement can also be in the form of a written statement of particulars, contract of employment and/or letter of engagement.

Achievement Training Ltd will produce a unique Learning Agreement for all Apprentices. A copy of this agreement will be sent to the Employer within 6 weeks of the Apprenticeship start date. If any amendments are made to this agreement a new copy will be sent to the Employer within 6 weeks of the change.

 

Commitment Statement

In line with ESFA Funding Rules, the Employer and Lead Provider must make sure that the commitment to successful completion of the Apprenticeship is set out in writing for the Apprentice. The commitment statement must be signed by the Apprentice, their Employer and the Lead Provider, and all three parties must keep a current signed and dated version on record.

Details regarding the planned content and schedule of training (including end point assessment for apprenticeship standards) can be located on the enrolment form and learning agreement. Copies of the learning agreement will be sent to Employers and Apprentices upon signing.

Commitment Statement - Roles and Responsibilities of the Apprentice

  • To observe the Employer’s terms and conditions of employment and Apprenticeship Agreement

              In particular:

  • To be diligent and punctual at all times.
  • To wear any uniform provided by the employer or where no uniform is provided to ensure that suitable smart attire is worn
  • To be respectful of colleagues, Employers, teaching staff in accordance with the Lead Provider, the Provider and work-place policies.
  • To attend courses, study time, keep records, undertake assessments and take part in and contribute to the review process.
  • To negotiate achievable learning targets in conjunction with Assessors, Tutors and Employer, and to undertake to achieve these objectives and outcomes within an agreed timescale
  • To keep the Employer informed of progress towards these objectives.
  • To notify the Employer and the Training Provider as soon as possible, of non-attendance at either scheduled training sessions, reviews or other planned meetings
  • To inform the Employer and the Training Provider of any health issues which may affect their learning
  • To notify the Employer and the Training Provider of any change of circumstances.
  • At all times to behave in a safe and responsible manner, in accordance with the requirements of Health and Safety Legislation.

Commitment Statement - Roles and Responsibilities of the Employer

  • To employ and pay the Apprentice in accordance with agreed employment terms and conditions and taking into account relevant legislation.
  • Provide the Apprentice with an Apprenticeship contract and contract of employment within 13 weeks of their start date.
  • Confirm that the Apprentice is employed for a minimum of 30 hours per week.
  • Confirm that the Apprentice’s job: “allows the Apprentice to gain the wider employment experience required by the Apprenticeship standard and that they are able to complete all elements of the Apprenticeship within their contracted working hours.”
  • Confirm that the intention at the start of the Apprenticeship, there is available time for the Apprentice, of any age, time off to study within working day, to be able to complete the Apprenticeship programme.
  • To fund educational trips or trips to professional events which have been agreed with the employer and are not specific in the Apprenticeship standard or assessment plan.
  • To provide appropriate supervision to support, encourage and monitor the Apprentice in the workplace including:
  • Provision of a nominated mentor and deputy to ensure continuity of supervision.

All responsibilities are clearly outlined in more detail in the Learning Agreement and Contract for Services

Commitment Statement - Roles and Responsibilities of Achievement Training Limited

  • To create an Apprentice’s individualised learning record (ILR) and record their learning start date and agreed price for training and assessment
  • To provide an appropriate individual training plan for the Apprentice, in consultation agreed criteria for Apprenticeships and to meet the Employer’s needs.
  • To provide the training via a Skills Funding Agency approved Provider
  • To ensure that the training meets the requirements set out in the Contract between the Lead Provider, the Provider and the Skills Funding Agency.
  • To appoint suitably qualified assessors/teachers to undertake training of the Apprentice
  • To advise the Apprentice and Employer of contact details for nominated assessors, tutors and support staff responsible for the relevant training programme.
  • To ensure Employer Contribution payments are collected and recorded on the Apprentice’s ILR and that there are no delays with the processing of any incentive payments which the employer is eligible to receive
  • To monitor the Quality Assurance of the delivery by the Training Provider through regular meetings, audits and observations of teaching, learning and assessment and provide support and guidance.
    • To be responsible for resolving any issues or disputes between the Employer, Lead Provider and the Training Provider including details of how to escalate with lead provider organisation and/or SFA through apprenticeship helpline.
    • To reserve the right to ‘recover sums from the Employer in the event the Employer is in breach of the funding rules’.

    All responsibilities mentioned are clearly outlined in more detail in the Learning Agreement and Contract for Services

Commitment Statement - Working Together

The Employer and Apprentice will work together with the Training Provider’s representatives to ensure that the Apprentice has the best chance to achieve.

Commitment Statement - Resolving Problems

All issues between the Employer and Apprentice will be addressed through the Employer’s HR department. Any further mediation will be conducted by the Training Provider

Any issues between the Employer/Apprentice and the Training Provider will be addressed through the complaints and appeals procedure as identified in the Employer Training Agreement.


Contract of Services

This agreement sets out the responsibilities required for the employer, training provider and apprentice to achieve their apprenticeship and the obligations to which the Employer agrees to be bound.

 Apprenticeship Employer

The Employer agrees:

3.1 To employ and pay the Apprentice in accordance with agreed employment terms and conditions, taking into account relevant legislation (minimum wage) and (subject to earlier termination) in accordance with these terms and conditions and/or the apprentice’s employment contract, for a minimum period of at least as that set by the Apprenticeship Framework or Standard.

3.2 Provide the Apprentice with an Apprenticeship Agreement at the start of the Apprenticeship. That Agreement must be in place cover the entire duration of the Apprenticeship. Without this agreement a completion certificate can not be issued.

3.3 Provide a nominated Mentor to be present at, and contribute to, all review meetings where practicable. Review meetings will take place at 14 week intervals.

3.4 To fulfil responsibilities for the Safeguarding of the Apprentice in accordance with relevant legislation.

3.5 To provide, as far as is reasonably practical, the experience, facilities and training necessary to achieve the training objectives specified in the Learning Agreement, without loss of wages.

3.6 To permit the Apprentice with paid time to attend off-the-job training, including and explicitly any additional support for English and Maths, or support accessed by Achievement Training Ltd to support the Apprentice(s) with special educational needs and/or disabilities. This should be included in the Apprentice’s usual hours of work.

3.7 To provide opportunities for the Apprentice to apply new skills in the workplace.

3.8 To provide the Apprentice with both on and off-the-job training.

3.9 To support the Apprentice by providing time to  complete the necessary assignments/objectives/projects.

3.10 To be actively engaged in the Apprenticeship delivery providing appropriate projects and assessment and in doing so provide Achievement Training with evidence of the Apprentice’s achievements.

3.11 To provide use of equipment necessary to enable the Apprentice to fulfil training  objectives including Personal Protective Equipment / uniform.

3.12 To undertake legal and contractual responsibilities for the Health and Safety of the Apprentice. As per the Health & Safety at Work Act. In addition to permit a Health & Safety inspection of the Apprentice’s place of work before the commencement of the Apprenticeship and annually thereafter.

3.13 To have in place Employers Liability Insurance or Public Liability insurance in the minimum sum of £5,000,000 and hereby warrants that the Apprentice is covered by them. Such policies must cover all risks against liabilities, claims proceedings, expenses and loss in respect of personal injury to or death of any person, or damage to any  property, caused by or arising out of anything done or omitted to be done in relation to the employment of the Apprentice and in relation to this agreement.

3.14 To notify Achievement training Ltd of accidents/incidents involving the Apprentice within 24 hours. In the event of any major injury, or disease of, the Apprentice, which falls under he scope of the Reporting of Injuries Dangerous Diseases and Occurrences Regulations (RIDDOR) 1995, the Employer must conduct an investigation into, and provide information (including any Apprentice absence) about any such incident to Achievement Training Ltd.

3.15 Accept that Achievement Training will not be liable for any accidents, loss or damage whatsoever or to whomsoever caused, by any act default or omission of an Apprentice whilst in the workplace.

3.16 Under the Employment Rights Act 1996 the Apprentice will be classed as an employee. The employer must provide equality of opportunity in the workplace regardless of age, gender, ethnicity or beliefs and to treat  the Apprentice equitably, fairly and reasonably, as with the rest of the workforce, and not discriminate or act unfairly against Apprentice(s).

3.17 To provide the Apprentice with a company induction.

3.18  To notify Achievement Training subject to legal right and obligations at law and/or contractually, of any disciplinary or grievance incidents that have been recorded.

3.19 To endeavor to notify Achievement Training at least 24 hours in advance if there is any reason the Apprentice and/or Mentor are unable to attend a Review or Assessment session.

Achievement Training Limited (Lead Training Provider)

Achievement Training Ltd agrees:

4.1 To provide the training via an Education & Skills Funding Agency approved Provider and provide each Apprentice with an Individual Learning Agreement.

4.2 To have in place a signed contract between the Lead Provider and subcontractor before the Apprenticeship commences

4.3 To create an Apprentice’s individualised learning record (ILR) and record their learning start date and agreed price for training and assessment

4.4 To ensure that the Employer Contribution payments, as specified in the funding guide are recorded on the Apprentice’s ILR and submits the ILR to the Education & Skills Funding Agency in line with the ILR collection timetable and timeliness standards to ensure there are no delays with the processing of any incentive payments which the employer is eligible to receive.

4.5 To collect the Employer Contribution payments as specified in the Payment Schedule.

4.6 To claim any additional funding, from the Skills Funding Agency for English and Maths and Learning Support if applicable.

4.7 To claim and provide any learners support for apprenticeships with added learning needs; where support has been specifically identified and agreed.

4.8 To pay the subcontractor from the total Core Government Contribution Cap and the Employer Contribution together with any additional funding as identified in previous paragraph (point 4.7 above) at set payment dates as specified in the Payment Schedule

4.9 Where applicable, to pay 50% of the 16-18 incentive payment and/or 100% of the small employer incentive payment, both of which will be generated by the Skills Funding Agency and passed to the Lead Provider when the Apprentice has been in learning for at least 90 days, as defined by the learning start date recorded in the ILR; and a further 50% of the 16-18 incentive payment which will be generated by the Skills Funding Agency and passed to the Lead Provider when the Apprentice has been in learning for at least 365 days as defined by the learning start date recorded in the ILR.

4.10 To provide the Employer with an Employer Incentive Claim Form in order to receive eligible employer incentive payments and retain claim forms received from employers for audit purposes

4.11 To pay any applicable incentive payments to the Employer within 10 working days of receipt by the Lead Provider, except where the Employer fails to claim (or submits an incorrect employer incentive claim form to the Lead Provider), in line with the claiming process agreed between the Employer and the Lead Provider at the start of the apprenticeship.

4.12 To make all reasonable effort to obtain a completed employer incentive form from the Employer where an Employer fails to claim or submits an incorrect employer incentive form.

4.13 To inform the Skills Funding Agency if the Lead Provider has been unable to pass on any employer incentive payments after 40 working days’ of receipt

4.14 Where a subcontractor is involved in delivery to support the Subcontractor through a contractual agreement and monitor the Quality Assurance of this delivery through meetings, audits and observations.

4.15 To be responsible for resolving issues and disputes between the Employer, Achievement Training and where applicable a subcontractor.

4.16 To ensure the training meets the requirements set out in the Contract between the Lead Provider, the subcontractor and the Skills Funding Agency.

4.17 To appoint suitably qualified assessors/teachers to undertake training of the Apprentice and to advise the Apprentice and Employer of contact details for nominated assessors, tutors and support staff responsible for the relevant training programme.

4.18 Where lead provider plans to deliver training on end point assessment through subcontracting, the arrangements, services and costs end point schedules will be paid through the core payment

4.19 To regularly appraise the progress of the Apprentice in order to negotiate a schedule of learning aims and targets, and to inform the Apprentice and the Employer the dates of intended visits to the workplace In addition to Providing 14 weekly progress reviews to the Apprentice and the Employer.

4.20 To notify the Employer if the Apprentice is absent from scheduled training sessions and workshops.

4.21 To provide equality of opportunity in all aspects of the learning programme.

4.22 To provide all members of the learning partnership with access to the procedure for appeals, complaints and disputes and to ensure that these are followed up, including quality, payments and escalation process to the SFA.

4.23 Where the Employer is unable to complete the Apprenticeship, Achievement Training will endeavor to ensure that the Apprentice is offered the opportunity to transfer to another organisation able to provide an Apprenticeship Plan substantially similar to the existing Apprenticeship Plan.

4.24 The Lead Provider reserves the right: ‘to recover sums from the Employer in the event that the Employer is in breach of the funding rules’ which includes:

4.24.1 Where it is found that the apprentice was ineligible for incentive payments from the start of the apprenticeship  

4.24.2 Where it is found that there has been a failure to comply with the Funding Rules on behalf of the Employer: examples such as:

4.24.2.1 Where an employer has incorrectly or fraudulently declared in their signed written training  that they or their apprentice is eligible for funding

4.24.2.2 Where employers have received Government contribution and incentives

4.24.2.3 Where no training or assessment has taken place

4.24.2.4 Where employers have not paid their one-third contribution to the Lead Provider

4.24.2.5 Learner support for apprentices with additional learner needs will be provided as and when required set out in the commitment statement.

Payment of Funding

1.1 The Employer acknowledges and accepts that the Funding available in either the Employer’s Digital Account or directly from the ESFA is to support the training of Apprentices and shall be paid directly to Achievement Training Ltd in accordance with the Funding Rules. The Employer understands that this Funding may not be used for any other purposes.

1.2 The Employer agrees to pay Achievement Training Ltd directly for any Employer Co-investment which is or becomes payable in accordance with the Funding Rules. These payments will be outlined within your Payment Plan.

1.3 The Employer shall make any payments due to Achievement Training Ltd without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise.

1.4 Where an Employer is eligible to receive Incentive Payment(s) for the programme Achievement Training will notify the Employer once the incentive has been made available by the ESFA.

1.5 Once notified Employers must submit a Employer Incentive Claim Form, upon receipt the incentive payment will be released to the Employer via the account details detailed on the enrolment form (no later than 10 days after receipt of the claim).

Additional Payments

2.1 The Employer and Achievement Training Ltd must ensure a joint decision is made to submit an Apprentice for End Point Assessment.

2.2 Achievement Training will be responsible for the initial fees as set out by the End Point Assessment organisation.

2.3 If an Apprentice is required to re-sit End Point Assessment the Employer agrees to be responsible for the fees as set by the End Point Organisation and will endeavor to make prompt payment to Achievement Training Ltd.

 


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