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 Education and 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 Education and 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 Education and 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 Education and 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 Education and 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 Training Plan.
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.
2.4 The Employer/Apprentice and Achievement Training Ltd must ensure a joint decision is made to submit a learner for examination.
2.5 Achievement Training Ltd will be responsible for the initial exam fee as set out by the Awarding Organisation.
2.6 If an apprentice is required to re-sit an examination Achievement Training Ltd reserves the right to recharge this additional cost on to the Employer.
