Guidance

Removal from the flexi-job apprenticeship agency register

Updated 20 September 2024

Applies to England

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This publication is available at https://www.gov.uk/government/publications/flexi-job-apprenticeships/removal-from-the-flexi-job-apprenticeship-agency-register

Organisations must be on the register of flexi-job apprenticeship agencies (FJAA) if they employ apprentices directly for the duration of their apprenticeship and arrange placements with host employers, with the apprentice spending more than 50% of their apprenticeship duration on placements.

The Department for Education (DfE) may take action if an FJAA:

These actions include:

  • restricting starts in a certain target group, sector and / or geography
  • pausing new starts
  • removing an organisation from the FJAA Register
  • terminating the DfE Apprenticeships – Employer Agreement

Voluntary removal (full or partial)

We recognise that if they are no longer able to deliver this model, FJAAs may want to voluntarily withdraw from supporting particular target groups, sectors or geographies, or from the register. When a withdrawal occurs, FJAAs must handle it in a way that protects the interests of apprentices, host employers, and the DfE.

Where an FJAA wishes to withdraw with no apprentices on programme, the FJAA must:

  • notify the DfE in writing as soon as it makes the decision to withdraw
  • have no current or future planned apprentice starts within these target groups, sectors or geographies

Where an FJAA wishes to withdraw with apprentices on programme, the FJAA must:

  • give the DfE 3 months’ notice in writing
  • promptly prepare, maintain, and comply with a written exit plan, which must specify if they will continue to support existing apprentices until completion or if not, proposals to transfer apprentices to alternative employment

Upon receipt of the withdrawal notifications, DfE will confirm full or partial removal from the register.

Removal due to breach of FJAA Conditions of Register, FJAA Quality Framework or DfE Apprenticeships Employer Agreement

Where necessary, DfE will write to the FJAA advising them they are being given 10 working days’ notice of the intent to remove them from the FJAA register.

This letter will confirm:

  • reason for removal
  • the contractual lever for removal
  • details of appeal process

The FJAA will not be able to take on any new apprentices during this termination period.

Once 10 working days have passed the DfE will issue a termination letter confirming removal from the FJAA register within 14 calendar days. If an FJAA submits supporting evidence or an appeal, we’ll review it before sending a termination letter.

DfE will work with the FJAA after issuing a notice of termination to make sure the process protects the interests of apprentices and host employers.

Consequences and removal from the register

While an FJAA awaits confirmation of their termination notification, if any host employers contact them then they must not accept any new apprentices within the target group, sector or geography.

If the FJAA has apprentices on programme and they are unable to continue to support them until their completion, DfE will work with the FJAA to support the transfer of the affected apprentices.

Once confirmation of the withdrawal occurs, the FJAA cannot apply to deliver against this target group, sector, or geography, or join the register for at least 12 months.

Exceptional circumstances

In exceptional circumstances and only in instances where an FJAA is actively facilitating apprenticeships, DfE may:

  • terminate the employer agreement at more or less than three months’ notice
  • suspend starts instead of terminating the employer agreement

Examples of exceptional circumstances include:

  • existing apprentices’ planned end dates are so soon that moving them to alternative employment would cause them significant disadvantage
  • a suitable alternative employer is not available

Where DfE considers that exceptional circumstances exist, we will write to the FJAA to inform them of our decision and the reasons for it.

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