Apprenticeship Agreements and BTEC Workskills in Effective Learning and Employment
The requirement for an Apprenticeship Agreement between an employer and an apprentice, under the ASCL Act 2009 sections 32-36, came into force on 6 April 2012. An Apprenticeship Agreement is required at the start of the Apprenticeship for all new apprentices who start on or after that date.
The Apprenticeship Agreement must state that the apprentice will be undertaking an Apprenticeship in a particular skill, trade or occupation. The Apprenticeship Agreement can be in the form of a written statement of particulars under the Employment Rights Act 1996, or a document in writing in the form of a contract of employment or a letter of engagement where the employer's duty under the 1996 Act is treated as met.
Existing and new contracts of employment between the apprentice and the employer which meet the 1996 Act will also meet the Apprenticeship Agreement requirements, provided that they include a statement setting out the skill, trade or occupation and the framework to which the apprenticeship is linked. The statement can be included as an annex and the Apprenticeship must be issued by the appropriate issuing authority.
We welcome the formalisation of the agreement, as it supports the formalisation of the relationship between the apprentice and the employer. Setting expectations and creating an environment where both parties are clear about the requirements of an Apprenticeship will support good quality delivery.
Our BTEC Workskills in Effective Learning and Employment and our engaging online Employee Rights and Responsibilities learning tool, which forms part of the BTEC Apprenticeship, can support apprentices with their understanding of these requirements. They allow apprentices to benefit from early recognition and qualification achievement in their Apprenticeship programme, while giving learning providers a ready-made framework and teaching tool to offer all apprentices starting out in their chosen sector.
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