Apprenticeship Agreement

Overview

An apprenticeship agreement must be in place at the start of the apprenticeship.

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.

Before completing this agreement, please see the following notes and references:

1. The apprenticeship agreement The apprenticeship agreement is a statutory requirement for the employment of an apprentice in connection with an approved apprenticeship standard. It forms part of the individual employment arrangements between the apprentice and the employer; it is a contract of service (i.e. a contract of employment) and not a contract of apprenticeship. If all the requirements of section 1 of the Employment Rights Act 1996 are complied with, the apprenticeship agreement can also serve as the written statement of particulars of employment. You are not required to use this template, but the requirements of the legislation as described below must be met when you form your apprenticeship agreement.

2. Why an apprenticeship agreement has required The Apprenticeships, Skills, Children and Learning Act 2009 (ASCLA) introduced the requirement for an apprenticeship agreement to be in place when engaging an apprentice under a statutory apprenticeship. The requirements for an apprenticeship agreement can be found in section A1 of ASCLA and the Apprenticeships (Miscellaneous Provisions) Regulations 2017.

3. When the apprenticeship agreement must be in place An apprenticeship agreement must be in place when an individual starts a statutory apprenticeship programme and should remain in place throughout the apprenticeship. The end date is when the end-point assessment is due to be completed.

4. The ‘practical period’ The practical period is the period for which an apprentice is expected to work and receive training under an approved English apprenticeship agreement. The practical period does not include the end-point assessment. For the purpose of meeting the Education and Skills Funding Agency funding requirements, the practical period start date set out in the apprenticeship agreement must match the practical period start date in the commitment statement and the start date in the Individual Learner Record.

5. In certain circumstances, an apprenticeship can be completed without an apprenticeship agreement being in place To commence a statutory apprenticeship (when an individual starts their apprenticeship programme) it is a legal requirement that an apprenticeship agreement is in place. The two circumstances in which an apprentice can complete a statutory apprenticeship without an apprenticeship agreement are where (i) they are holding office as an apprentice police constable, or as an apprentice minister of a religious organisation; or (ii) where they have been made redundant with less than six months of their apprenticeship’s practical period left to run (see regulation 6 of the Apprenticeships (Miscellaneous Provisions) Regulations 2017).

6. Who needs to sign the apprenticeship agreement? The employer and the apprentice need to sign the agreement – it is an agreement between these two parties only. Training providers sign a separate commitment statement that outlines the planned content and schedule for training, what is expected of and offered by the employer, provider and the apprentice, and how to resolve queries or complaints.

7. What you need to do with the signed agreement You (the employer) must keep the agreement for the duration of the apprenticeship and give a copy to the apprentice and the training provider.

8. Information needed in an apprenticeship agreement The apprenticeship agreement must comply with the requirements as provided in ASCLA. It must:

• provide for the apprentice to work for the employer for reward in any occupation for which a standard has been published by the Institute for Apprenticeships and Technical Education;
• provide for the apprentice to receive training in order to assist the apprentice to achieve the standard in the work done under the agreement;
• specify the apprenticeship’s practical period; and
• specify the amount of off-the-job training the apprentice is to receive.

9. Specifying the amount of off-the-job training This is a requirement of the Apprenticeships (Miscellaneous Provisions) Regulations 2017. Off-the-job training is a critical requirement of apprenticeships and, in order to meet the Education and Skills Funding Agency’s funding rules, this must be at least 20% of the apprentice’s normal working hours over the total duration of the apprenticeship (until gateway). Off-the-job training can only be received by an apprentice during their normal working hours. Maths and English, up to and including level 2, do not count towards the minimum 20% off-the-job training requirement. The amount of off-the-job training should be agreed with the main provider. The provider must account for relevant prior learning the apprentice has received and reduce the content and duration of off-the-job training as necessary to achieve occupational competence. All apprenticeships must be of a minimum duration of 12 months and include at least 20% off-the-job training.  

10. Off-the-job training definition Off-the-job training is defined as training that is received by the apprentice, during the apprentice’s normal working hours, for the purpose of achieving the standard connected to the apprenticeship. It is not on the job training received by the apprentice for the sole purpose of enabling the apprentice to perform the work to which the apprenticeship agreement relates. More information, including examples of off-the-job training, can be found on gov. uk[1].

11. The apprenticeship agreement does not mean a change to existing contracts or terms and conditions Any apprenticeship entered into before 15 January 2018 (the date the Apprenticeships (Miscellaneous Provisions) Regulations 2017 came into force) will not be affected by the additional requirements that must be set out in an apprenticeship agreement. Any apprenticeship entered into after 15 January 2018 in connection with an apprenticeship standard must satisfy the requirements of the 2017 Regulations.