Introduction and purpose of the document

What the rules cover and definitions of terms.

Introduction and purpose of the document

New for 1 August 2022:

  • E4 – Clarification: To reflect changes in the employer agreement / terminology.

  • E8.3 – Clarification: To reflect that the changes to rules on English and maths (detailed in paragraphs E109 and E113.1) will apply irrespective of the apprentice’s start date and will include existing learners who started their apprenticeship programme in previousfunding years. Updated for version 1.

  • E12 – New Rule: If you are taking part in the portable flexi-job apprenticeships pilot, you must also refer to the supplemental funding rules for employers delivering the portable flex-job apprenticeships pilot programme. We will provide these rules when you join the pilot programme.

New for 30 September 2022 – Version 2

  • E4 - Clarification: to reflect the status of the employer agreement.

  • E8.4 - New rule: To reflect that prisoners are eligible to start apprenticeships from 30 September 2022.

  • E8.5 - New rule: To reflect that the rules on apprentices changing employers with a gap of employment of more than 30 days and up to 12 weeks (detailed in paragraphs E293 to E294), will apply irrespective of the apprentice’s start date and will include existing learners who started their apprenticeship programme in previous funding years.

E1

This document sets out the guidance for all employers participating in the new apprenticeship programme from 1 August 2022. It also sets out the funding rules for levy-paying employers who are participating in the apprenticeship programme through an account on the apprenticeship service.

E2

If you are an employer who does not pay the levy but would like to know more about employing apprentices, please visit GOV.UK.

E3

If you would like more detailed information on the features of the apprenticeship funding system, including how we will calculate funding for organisations receiving funding from us, please refer to the Apprenticeship Technical Funding Guide. This will be useful for you to understand how we will make payments for main providers from your apprenticeship service account.

E4

The rules contained in this document form part of standard terms and conditions for the use of the apprenticeship service to access funding for apprenticeships training through an employer’s apprenticeship service account. If you are an employer accessing funding through the apprenticeship service, you must operate within the terms and conditions of your apprenticeship employer agreement. The employer agreement is with the Secretary of State for Education (acting through the Department for Education including its executive agencies including but not limited to the Education and Skills Funding Agency (ESFA) and includes these rules.

E5

If you breach your employer agreement, we reserve the right to take action.

E6

We may take action to recover all or part of the government funding from you if we are satisfied that there has been a breach of the funding rules. This includes where claims are made for funding through your apprenticeship service account, government co-investment or additional payments (including incentive payments for hiring a new apprentice) to which you are not entitled.

E7

If you would like any further support, you can contact us through our Apprenticeship Business Support team on 08000 150 6000.

E8

These rules will apply to all apprenticeship programmes starting on or after 1 August 2022, with the following exceptions:

  • E8.1 The redundancy rules (detailed in paragraphs E254 to E255). These rules will apply irrespective of the apprentice’s start date and will include existing learners who started their apprenticeship programme in previous funding years.

  • E8.2 The rules on changing to a new version of a standard (detailed in paragraphs E265 to E275), which describe the rules for when an existing apprentice wishes to move to a new version of the same standard. These rules will apply irrespective of the apprentice’s start date and will include existing learners who started their apprenticeship programme in previous funding years.

  • E8.3 The rules on English and maths (detailed in paragraphs E109.1 and E113.1). These rules will apply irrespective of the apprentice’s start date and will include existing learners who started their apprenticeship programme in previous funding years.

  • E8.4 The rules on prisoner apprenticeships (detailed in paragraphs E62 to E63). Prisoners are eligible to start apprenticeships from 30 September 2022.

  • E8.5 The rules on apprentices changing employers with a gap of employment of more than 30 days and up to 12 weeks (detailed in paragraphs E293 to E294). These rules will apply irrespective of the apprentice’s start date and will include existing learners who started their apprenticeship programme in previous funding years.

E9

All new apprentices must start on an approved apprenticeship standard.

E10

All new apprentice starts with both levy and non-levy paying employers must be funded through the apprenticeship service. Employers who do not pay the levy can reserve funds using the apprenticeship service to access apprenticeship funding. More information on reservation of funds can be found in paragraphs E189 to E203 of this document.

E11

Any apprenticeship which started before 1 August 2022 will continue to follow the rules in force at that time. These can be accessed on GOV.UK.

E12

If you are taking part in the portable flexi-job apprenticeships pilot, you must also refer to the supplemental funding rules for employers delivering the portable flexi-job apprenticeships pilot programme. We will provide these rules when you join the pilot programme.

E13

Some occupations require the training provider to be approved by a regulatory body before being able to deliver training for the apprenticeship. We may take action to recover apprenticeship funding where they have delivered training but do not have the necessary approval.

Recruit an apprentice

New for 1 August 2022:

  • E14.2 – Clarification: We have confirmed that the employer can create their own advert or ask the main provider to do this on their behalf. Updated for version 1.

  • E14.3 – New Rule: Whilst it is not mandatory for employers to use Recruit an apprentice, it is a condition of funding for all main providers to offer this service where applicable (e.g. for new recruits into a business). Where an employer has declined the use of Recruit an apprentice, you must record the reason for this in the evidence pack. We have confirmed that the information can be recorded at either learner or employer level and we have explained how we will use this information. Updated for version 1.

  • E14.4 – Clarification: We have confirmed that you do not need to use Recruit an apprentice for existing members of staff (i.e. where there is no apprenticeship vacancy). Updated for version 1.

E14

Your main provider must offer you the option of using the free Recruit an apprentice service for all new recruits into your business.

  • E14.1 ‘Recruit an apprentice’ is the official government service for posting and managing apprenticeship vacancies (‘Find an apprenticeship’ is the corresponding candidate portal).

  • E14.2 You can either create your own apprenticeship advert or you can give a main provider ‘recruitment permission’ to create an advert on your behalf.

  • E14.3 It is not mandatory for employers to use this service. However, where you do not use this service, your main provider must record a reason for this; this can be recorded at either learner or employer level. We will ask for this information to be returned to us periodically and we will use this information, along with other employer survey data, to improve usage of the service.

  • E14.4 You do not need to use Recruit an apprentice for existing members of staff (i.e. where there is no apprenticeship vacancy).

  • E14.5 Where a main provider advertises a vacancy on Recruit an apprentice, on your behalf, it must be clear in the advert how many hours the apprentice will be expected to work per week for the role and how long the apprenticeship will last. This must meet the minimum duration requirements (see paragraphs E28 to E32).