The Apprenticeship Training Plan and Apprenticeship Agreement

Please read the below details and tick to confirm you have read and understood the content. A full Training Plan will be produced once all enrolment forms have been completed. The Training Plan will need to be signed with a 'wet' signature by all parties prior to the Apprenticeship start date.

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 apprenticeship standard connected to the apprenticeship;
• the dates during which the apprenticeship is expected to take place; and
• the amount of off the job training that the apprentice is to receive.

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.

Training Plan

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 Training Plan 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 Training Plan. Copies of the Training Plan will be sent to Employers and Apprentices upon signing.

Roles and Responsibilities of the Apprentice

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

              In particular:

• Have given Achievement Training the relevant information to assist in learner or programme eligibility checks.

• Will comply with any policies and procedures as outlined in the Training Plan.

• Will attend all required off-the-job training and workshops (or notify the Employer and ATL in advance of any absence).

• Will commit to the learning activities required in each module, including any self-study and research (during working hours).

• Will complete any coursework, assignments and exams required to achieve the apprenticeship.

• Will assist Achievement Training in collecting evidence of off-the-job training (where information is held by the apprentice).

• Will attend and contribute to progress review meetings.

• Will agree with the Employer and Achievement Training when learning is complete that they are ready to undertake EPA.

• Will bring any issues to the attention of the Employer and Achievement Training including any learning support/health issues that might effect the plan of training.

Roles and Responsibilities of the Employer

• Work with their selected provider to identify and agree the most suitable apprenticeship standard.

• Provide assistance to the provider in the eligibility checks of the apprentice (outlined above) where required.

• Confirm that the provider has made the appropriate checks (outlined above) with them.

• Negotiate a price with the provider, taking into account the apprentice's prior learning, and understand any obligations in relation to co-investment.

• Agree with the provider an end-point assessment organisation (at least 6 months prior to the end of the programme).

• Contribute to and agree to the plan of training, as developed by the provider:-

Deliver off-the-job training (where agreed and detailed in the plan of training).

Allow the apprentice to complete their off-the-job training (and English and maths if required) during normal working hours.

Give the apprentice appropriate support and supervision and the opportunity to consolidate new learning in the workplace.

Assist the provider in collecting evidence of off-the-job training (where information is held by the employer).

Contribute to progress reviews with the apprentice and provider.

• Agree, with the apprentice and provider, when learning is complete and the apprentice is ready to undertake the end-point assessment.

• Seek to resolve any complaints brought by the apprentice/provider.

• Understand in the event the employer does not support the End-point Assessment process but the apprentice is Gateway ready, then the employer will be charged the remaining 20% value of the apprenticeship.

All responsibilities are clearly outlined in more detail in the Training Plan and Contract for Services

Roles and Responsibilities of Achievement Training Limited

• Carry out an initial assessment to check the eligibility of the apprentice, including that: -

The apprentice has an eligible residency status and the right to work in England.
The apprentice is not self-employed or a sole trader.
The apprentice is not undertaking another apprenticeship or will benefit from DFE funding during their apprenticeship programme (including student loans).
The apprentice spends at least 50% of their working time in England.
The apprentice has not been asked to financially contribute towards the apprenticeship.
The apprentice has a separate identifiable line manager to undertake the role of the
employer'.

• Conduct the following checks with the employer: -

The employer was offered (for new recruits) the option of the free Recruit an Apprentice service.
The employer has a contract of employment with the apprentice which is long enough to complete the apprenticeship successfully (including end-point assessment).
The employer and the apprentice have signed an apprenticeship agreement.
The employer is paying the apprentice a lawful wage.
The employer has agreed that the apprenticeship is the most appropriate training programme for the individual.
The employer will allow the apprentice to complete their off-the-job training (and English and maths if required) during normal working hours.
The employer will give the apprentice appropriate support and supervision and the opportunity to consolidate new learning in the workplace. The employer will take part or be given the opportunity to provide input into progress reviews.

• Develop a plan of training, for consultation and agreement by all parties, taking account of the following: -

The apprentice's prior learning and experience (their existing knowledge, skills and behaviours against those required to achieve the apprenticeship).
The apprentice's current English and maths working level.
The apprentice's learning support needs.
The minimum off-the-job training requirement.
Any requirements for training to be sub-contracted (to be agreed with the employer).

• Negotiate a price with the employer, including the following checks:-

Additional payments / bursaries / small employer waiver.
That relevant prior learning identified has reduced the content, price and duration (as appropriate).
That the employer understands any obligations in relation to co-investment (where appropriate).

• Manage/provide the off-the-job training as detailed in the plan of training (described on tab 4): -

Provide an induction programme for the apprentice (and the employer if required) that explains the plan of training.
Provide appropriate learning materials to the apprentice.
Report apprentice non-attendance at scheduled training sessions to the employer.
Manage/oversee the delivery provided by any other party (subcontractors) as detailed in the plan and in accordance with the funding rules.
Pass on apprenticeship funding to any subcontractors (as agreed with the employer) and to the end point assessment organisation.
Ensure the quality of delivery through regular observations of teaching and learning, and apprentice/employer feedback.
Arrange for any certification as agreed with the employer/apprentice and/or required by the apprenticeship.
Lead the progress reviews with the apprentice and employer.
Update the Training Plan in consultation with the employer and apprentice if and when required.
Agree, with the apprentice and employer, when learning is complete and the apprentice is ready to undertake the end-point assessment.

• Administer the programme: -

Complete any required paperwork (e.g. ILR) and upload data to the DFE/ESFA as required to trigger funding.
Make efforts to secure alternative employment for the apprentice if made redundant by the employer.
Provide a copy of the complaints procedure and seek to resolve any complaints brought by the apprentice/employer.

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

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.

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.

3.20 Understand in the event the employer does not support the End-point Assessment process but the apprentice is Gateway ready, then the employer will be charged the remaining 20% value of the apprenticeship.

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.