The purpose of the apprenticeship agreement is to
Before completing the template, please see the notes and references provided on the following two pages.
2. Why an apprenticeship agreement is 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 be 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 which 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:
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, does 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 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 which 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.uk1.
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.