Apprenticeships and Coronavirus: Considerations for Employers

Monday 30 March 2020

In recent years, the uptake of apprenticeships in many different industries has increased.

In light of the coronavirus pandemic, many employers are uncertain as to the rules surrounding apprenticeships.

What factors should an employer take into consideration when making decisions about apprentices?

The Government has given the following specific advice:

• Training providers are encouraged to deliver training to apprentices remotely and via e-learning as far as is practicable.
• End-point assessment arrangements have been modified, including remote assessments wherever practicable and possible.
• Apprentices ready for assessment, but who cannot be assessed due to coronavirus issues, can have their end-point assessment rescheduled. Apprentices whose gateway assessment is delayed can have an extension to the assessment timeframe.
• Employers and training providers are to report and initiate a break in learning where the interruption to learning due to coronavirus is greater than 4 weeks.
• Where apprentices are made redundant, the government is proposing to try to find them alternative employment and continue their apprenticeship as quickly as possible, and in any event within 12 weeks.

Breaks in learning

One of the most important changes is that an employer can now initiate a break in learning if it is to be for more than 4 weeks. Previously this could only be done by the apprentice.

If, for example, an employer closes and this closure is likely to be for a period of more than 4 weeks, the employer can impose a break in the apprentice’s learning.

The employer is required to report this break and this will mean that the government’s funding will stop until the apprentice’s training recommences. It is at this point that employer could look to furlough the apprentice under the government’s coronavirus Job Retention Scheme.

If there is a break in learning of less than 4 weeks there is no requirement for this break to be reported, and funding will continue as normal.

Moving apprentices into new roles during the coronavirus

During this pandemic it may become vital for an employer to move the apprentice into a business-critical role not related to their apprenticeship. If this is for more than 4 weeks then a break in learning must be reported until the apprentice returns to a role suitable for their apprenticeship. If this move is made permanent then the apprentice can look for an alternative apprenticeship.

An employer must remember that once a break from learning of more than 4 weeks is reported funding will stop and they are required to pay the apprentice.

Self-isolation, caring for relatives etc.

If an apprentice has to self-isolate or take time off to care for a relative this would not constitute a break in learning provided it is for a period of less than 4 weeks.

Employers are still entitled to receive funding and do not have to report such an absence.

Timing of a learning break of more than 4 weeks

Employers need to consider when a break in learning commences.

The government has issued specific guidance which will need to be followed depending whether the learning break commenced in March or April, with particular arrangements being in place for each eventuality.

If you have any questions on this topic or any other questions relating to the effect of coronavirus on employment, please email or call our Employment Law team today on 0113 207 0000.