Do I need to make pension contributions for my apprentice?
Yes, in line with your workplace pension policy and where minimum eligibility requirements and pay thresholds are met by the apprentice.
How much holiday is an apprentice entitled to?
An apprentice is entitled to the same holiday allowance as all other members of your staff as set out in your annual leave policy. They are your employee.
Will my organisation need to cover the cost for my apprentice to attend their off-the-job training sessions and undertake their end-point assessment?
We would encourage employers to support their apprentice(s) with travel costs associated with their off-the-job training, as this can be a financial barrier for some candidates engaging with the apprenticeship route. Whilst the current training providers supporting the delivery of the Level 3 and Level 7 archiving apprenticeships have created training approaches that seek to minimise travel for apprentices, some in-person training will still be required.
The formal end-point assessment, where the apprentice is being assessed by the independent assessor under assessment conditions, rarely takes more than 1 to 2 days, so associated travel costs are likely to be minimal. In some instances, it may be possible for the end-point assessment organisation (EPAO) to arrange for the assessor to travel closer to where the apprentice is based and is another reason why instigating early contact with the EPAO is sensible, maintaining contact throughout the apprenticeship. Where this isn’t possible, we would encourage employers to support their apprentice(s) with travel costs to and from assessment. Whilst an employer is not formally obligated to cover this cost, it would be counterproductive to have supported an apprentice through to assessment and to not help them complete this in full.
What should I do if the apprenticeship isn’t working out?
An apprentice is your employee and as such is subject to the same policies and procedures as any other member of staff. If your apprentice isn’t performing as you would hope, you should follow your own policies and procedures related to underperformance. If you do not have policies for underperformance you can refer to the guidance provided by the Advistory, Conciliation and Arbitration Service (ACAS).
When reviewing an apprentice’s performance, employers should remember that the apprentice is learning to reach competence through the apprenticeship, so the employer should have realistic and reasonable expectations here that may differ to those set for other members of staff that have been recruited based on existing competence.
It is the employer’s responsibility to ensure their apprentice has clear tasks and objectives, is suitably supported, and has regular reviews of performance via one-to-one meetings. Underperformance isn’t always the fault of the individual in question. Those who have responsibility for line managing others should be supported to undertake performance management training.
We’re a small organisation with limited capacity – could we share an apprentice across multiple organisations?
Apprentices must be issued with a single contract of employment for the duration of the apprenticeship. The only exception to this rule applies to Portable Apprenticeships that are currently being piloted in specific occupations, which currently excludes archiving apprenticeships.
If an employer wants to share an apprentice, they should work through a Flexi-Job Apprenticeship Agency (FJAA) that acts as the legal employer of the apprentice for the duration. In this instance the FJAA then places the apprentice with ‘host employers’ for shorter periods of time in line with their job needs. The host employers pay for the applicable proportion of the apprentice’s wage and off-the-job training costs. Host employers typically pay a small administrative fee to the FJAA for their direct employment services. Details of registered Flexi-Job Apprenticeship Agencies can be found on the gov.uk website. It is also possible to second your apprentice to other organisations but in this instance the apprentice must undertake at least 51% of their apprenticeship with their main contracting employer.
Our preferred candidate wants to do an apprenticeship part-time (over a longer period), can they do this?
Whilst part-time options aren’t widely promoted, they are possible for some apprenticeships. If an apprenticeship is undertaken on a part-time basis, the minimum contractual and training terms for the apprentice must still equate to the required minimum of 30 hours a week for 12 months. So, if an apprentice is employed part-time for 15 hours a week (half the full-time minimum), then the minimum duration that their contract must be is doubled to 24 months. These contractual hours would still include time for the 20% off-the-job training.
Part-time Level 7 Archivist and Records Manager apprenticeships aren’t available at the moment as this adds complexity to the training provider’s planned delivery model, including how they will draw down their funding to deliver the off-the-job training.
What paperwork do we need to set up for an apprenticeship apart from their employment contract?
Employers are required to enter into an Apprenticeship Agreement, which is a tripartite agreement between the employer, apprentice, and training provider. In most cases the training provider will provide a populated template for you to sign. Read this carefully and make sure you are happy with the contents before signing.
Employers are also required to sign a tripartite training plan that sets out the content and associated training for the apprenticeship – this will include the training that the training provider will formally deliver and the commitments that you the employer will make in this regard. Remember, the employer is responsible for ensuring there is a real job for the apprentice to do and that this meets the minimum requirements set out in the apprenticeship standard.
There should also be absolute clarity on how you and the apprentice can submit a complaint to the training provider and vice versa. The training provider typically provides a populated template for both the apprenticeship agreement and the training plan, but example templates can also be downloaded on the gov.uk website. Employers must be content with the off-the-job training syllabus: if you are a levy payer you are paying for this training and if you’re not you’re still co-investing in this training.
Can I move an existing member of staff straight onto an apprenticeship? Do I need to advertise the position in this case?
Yes, you can move existing staff members onto an apprenticeship. Apprenticeships can be used to train and upskill existing staff but only where the apprenticeship will help them reach competence in a new role or area of responsibility. In this instance, an apprenticeship could be used to train someone for a specialist technical role that they are new to, or it could be used to train an existing worker to progress into a transferable occupation, such as becoming a supervisor or departmental manager for the first time.
When moving an existing member of staff onto an apprenticeship, there is no need to issue a new or alternative contract of employment to the candidate, but an apprenticeship agreement will still be required between the employer, training provider and apprentice. There’s no formal requirement to openly advertise such an opportunity, but best practice would see an employer openly advertise any new vacancy internally as a minimum. Remember that an apprenticeship should only be created against a real job that an employer needs someone to do.
How is my apprenticeship levy calculated?
Employers in England that pay the levy then get their levy payment returned to them one month later to spend on apprenticeship training via their Digital Apprenticeship Service (DAS) account.
The amount that is returned to the employer isn’t the same as the amount paid in. This for two reasons:
- The Government adds 10% to the value that is returned.
- The amount returned is based on the percentage of Pay As You Earn (PAYE) workers only that have an England address.
For example, if £1000 is paid into the levy and only 80% of the organisation’s PAYE workers have an England address, then £800 will be released into the organisation’s DAS plus the government’s 10% top up. This means the total amount returned to the employer one month later is £880. If 100% of the organisation’s PAYE workers have an England address then 100% will be returned plus the 10% top up.
The percentage of levy that applies to PAYE workers based in each home nation is paid to the Government of the respective nation e.g. if 20% of an organisation’s PAYE workers have a Scotland address, then 20% of the organisation’s levy payment will be paid to the Scottish Government.
The levy calculation relates only to the value of an organisation’s PAYE bill for workers in the UK so excludes the value of the pay bill for workers outside the UK. It also excludes any payments made to freelancers against invoices.
All employers in England, levy and non-levy paying, must manage and pay the selected training provider using their DAS account. This is typically managed within an organisation’s HR or finance team. You can set up a DAS account for your organisation on the gov.uk website.