Levy Employer - Apprenticeship Written Agreement

This agreement is made between:

Name / Address
Lead Provider: / Babington Group / Babington House
Mallard Way
Pride Park
Derby
DE24 8GX
Employer:
Delivery Provider:

The Commencement date of this agreement is ……………………………………………………………………………………………

1. Definitions

In these Terms the following definitions apply:

1.1 Lead Provider

The Lead Provider will be Babington Group. Babington Group is responsible for all aspects of delivery of the apprenticeship programme including support of trainers / assessors, and quality monitoring to ensure successful completion of the apprenticeship programme. Their responsibilities are set out in further detail in both this document and the individual commitment statement for each apprentice.

Babington Group has contracted with the appropriate Government Body (ESFA) to provide a work based learning programme (the training programme). The object of this training programme shall be the completion of the appropriate Apprenticeship programme, as laid down in the Commitment Statement for each individual Apprentice.

1.2 Apprentice

The Apprentice is the person either Introduced by Babington Group to the Employer for an Apprenticeship or existing staff members, who wish to undertake any Apprenticeship delivered by the Babington Group or one of its partners (delivery provider).

1.3 Employer

The Employer is the company that employs the Apprentice. They will be responsible for enabling delivery of the apprenticeship programme including on the job and off the job training. They are responsible for confirming the eligibility of apprentices for apprenticeship funding and additional payments where applicable and will be required to sign the relevant claim form at Appendix C to enable Babington Group to claim such payments on their behalf. Employers responsibilities are set out in further detail both in this document and the individual commitment statement for each apprentice.

1.4 Delivery Provider

The provider(s) responsible for carrying out the delivery of the programme (if not the lead).

1.5 Education & Skills Funding Agency (ESFA)

ESFA is the single funding agency accountable for funding education and training for children, young people and adults, it is an executive agency, sponsored by the Department for Education.

1.6 Office for Standards in Education, Children’s Services and Skills (Ofsted)

Ofsted is the independent body responsible for the inspection and regulation of services that care for children and young people, and services providing education and skills for learners of all ages.

1.7 Common Inspection Framework (CIF)

The common inspection framework sets out the principles that apply to inspection by Ofsted and the main judgements that inspectors make when conducting inspections.

1.8 Levy

This refers to the Apprenticeship Levy that must be paid by employers with an annual pay bill of more than £3 million. The Levy is collected by HMRC & can be used to fund Apprenticeships for staff working in England.

1.9 Employers Digital Account (DAS)

This is part of the ESFA digital Apprenticeship Service and incorporates the on-line portal that is used to monitor individual employer Levy funds and collect details of individual Apprentices’ and their programmes.

1.10 Employer Co-Investment

This is a financial contribution towards the cost of Training which is payable by the Employer to Babington Group when there are insufficient funds in the Employer's Digital Account.

2. Employer Agreement

2.1 Supervision

It shall be the responsibility of the Employer to ensure that all apprentices participating in the elements of the training programme have a named and competent supervisor and that they will be supervised throughout the duration of the training.

2.2 Health, Safety and Wellbeing

It shall be the responsibility of the Employer to ensure that all apprentices participating in the elements of the training programme provided by the Employer are covered by policies of Employers Liability (Compulsory) Insurance and by Public Liability Insurance.

It is the responsibility of the Employer to ensure that their premises are registered with the relevant authority for Health and Safety purposes and that all relevant legislation is complied with.

The Employer shall provide participating apprentices with a healthy working environment, adequate welfare facilities and safe equipment. They shall ensure that safe systems of work exist and are followed and that adequate emergency arrangements exist and are understood by all participants. Risk assessments (including Young Person’s risk assessment where required) shall be completed and maintained as required by legislation. The Employer will co-operate fully in the Health, Safety and Safeguarding assessment conducted by Babington Group and carry out any follow up action in a timely manner.

Where an apprentice taking part in the programme has been absent from elements of the training programme provided by the Employer, or has attended hospital, as a result of his or her suffering personal injury or developing a disease in consequence of attendance by him or her on the programme, the Employer shall immediately notify Babington Group and shall also record and notify such occurrences as required by RIDDOR.

The Employer shall make available all records (including policies of insurance) relating to the operation of the elements of the training provided by the Employer, as requested by Babington Group or the Body, and allow reasonable access to Babington Group, Body, Department for Education, National Audit Office and EC staff. The Employer agrees that information provided by it may be passed to the Body and to other bodies with which the Body works. e.g. the Department for Education, Department for Business, Innovation and Skills, Connexions, the Skills Councils, the EU. At no time will information be passed to organisations for marketing and sales purposes. From time to time employers are approached to take part in surveys by mail and phone, which are aimed at enabling the Body and its partners to monitor performance, improve quality and plan future provision.

2.3 Training and Development

The Employer will deliver an effective induction to participating apprentices on recruitment including adequate information and/or training on hours of work, breaks, holiday entitlement, wages, contract of employment, sickness procedures, disciplinary and grievance procedures, company Health and Safety policy and procedures, risk assessments, Equal Opportunities policy and procedure, prohibited areas and necessary personal protective equipment. The Employer shall provide all participating apprentices with information, instruction and training with regards to relevant legislation and good practice on an ongoing basis and as reasonably required by Babington Group or the Body.

The Employer shall pay his/her employees at the appropriate rate, with the provision that it shall not be less than the amount set out by current legislation. The Employer shall keep a record of attendance and complete written records of attendance as required by Babington Group. The Employer shall ensure that an Apprenticeship Agreement in place for all employees completing an apprenticeship programme. This can be part of the written statements of terms and conditions of employment issued to their employees which need to meet the statutory requirements and are issued within the statutory timescales.

The Employer shall ensure and support the learner to spend at least 20% of their time on programme on off the job training within their usual working hours. Off-the-job training is defined as learning which is undertaken outside of the normal day-to-day working environment and leads towards the achievement of an apprenticeship. This can include training that is delivered at the apprentice’s normal place of work but must not be delivered as part of their normal working duties.

Off the Job training may include all the following (non-exclusive) activities:

·  Individual and Group teaching

·  Practical training; shadowing; mentoring; industry visits and attendance at competition

·  Coaching

·  Distance learning

·  e-learning

·  Feedback and Assessment

·  Guided study

·  Learning with peers/networked or collaborative learning

The Employer shall ensure that reasonable time and facilities are made available for employees undertaking the programme to gather material from work for their evidence portfolios and other work as may be necessary to complete their qualification(s) and to be observed undertaking their normal activities in the workplace. The Employer agrees to see Babington Group’s delivery staff, by appointment, approximately every 4-12 weeks and contribute to the progress review process.

The Employer agrees to work in accordance with the Apprenticeship Funding: Rules & guidance for Employers and to assist and cooperate with Babington Group to enable them to deliver the Training in compliance with the ESFA Funding Rules for Providers and Ofsted CIF requirements. The employer further agrees, upon request, to supply Babington Group with any information they may reasonably require in relation to any Apprentice or the delivery of any Training.

3. Lead Provider Agreement

3.1 Health, Safety and Wellbeing

Babington Group shall ensure that the Health, Safety and Safeguarding assessment is conducted by a trained and competent member of staff, by prior appointment. Advice on Health and Safety compliance and sources of information will be provided to the Employer where agreed.

It shall be the responsibility of Babington Group to ensure that apprentices attending off-job training are provided with a healthy working environment, adequate welfare facilities and safe equipment. Babington Group will ensure that adequate supervision and emergency arrangements exist and that they are understood by all participants.

Babington Group will ensure that all training premises are registered with the relevant authority for Health and Safety purposes and that all relevant legislation is complied with. This includes completion and maintenance of risk assessments.

Babington Group will ensure that where legally required, staff have been CRB checked prior to delivery of the learning programme.

Babington Group shall provide a transparent system for dealing with compliments and complaints. Responses to complaints will comply with timescales set out in the procedure and levels of service as described in the Complaints Procedure.

3.2 Training Delivery

Babington Group shall provide information to the Employer regarding the Apprenticeship programme and agree clear and specific outcomes that will contribute directly to the successful achievement of the Apprenticeship (including accredited and non-accredited elements).

Apprenticeship programmes will be delivered through a variety of methods and may consist of; individual or group teaching, e-learning, distance learning, coaching, mentoring, feedback and assessment, collaborative/networked learning with peers or guided study as set out in each learners Individual Learning Plan.

Babington Group agrees to conduct regular progress reviews and provide up-to-date information regarding progress and academic achievement. Appointments will be conducted with prior agreement of the Employer and Babington Group will ensure that notice of cancellation is given wherever possible. Staff will conduct themselves in a professional manner at all times.

Babington Group will collect, use and retain information provided by the Employer in accordance with the Data Protection Act 1998. This includes treating and safeguarding all information as private and confidential and keeping safe all documentation, discs and other media recording. Babington Group will not disclose information without prior permission from the Employer.

3.3 Subcontracting

If a subcontractor is used by Babington Group to provide any of the services agreed with the employer then Babington will monitor and manage said subcontractor (Delivery Provider) in accordance with ESFA funding rules.

4. Funding Process & Payment Schedule

4.1 Programme Funding

As an employer with an annual wage bill more than £3M (Levy paying employer) your Apprenticeship delivery will need to be funded via your digital account. In order to access your digital account you will first need to activate your DAS account in line with HMRC guidance and ‘sign’ your Apprenticeship Agreement with the ESFA via DAS. By entering into this agreement with Babington Group the employer is confirming that their DAS account has been activated & that they have signed their Apprenticeship Agreement with ESFA.

The costs of training and end-point assessment agreed, up to the maximum funding band will be met through the employers Levy funds and will be managed via the employers DAS account. Babington Group will supply the employer with the relevant information in order for the employer to activate DAS interaction between the two parties.

The employer agrees to allow Babington Group to record and amend (where appropriate) apprentices’ details via their DAS account and further agrees to approve said apprentice detail in a timely manner to prevent any delay in funding being released.

Where the monthly cost of apprenticeship training cannot be fully met by funds from the employers digital account (because there are insufficient funds), the employer agrees to co-invest 10% of the outstanding balance for that month for each apprentice to which this applies, the government will contribute the remaining 90%.

Babington Group will raise an invoice and submit to the employer for any 10% co-investment payments due on receipt of notification of insufficient Levy funds by ESFA. The employer agrees to make payment in full within 10 working days of the date of the invoice.

Funding provided via employer Levy, ESFA &/or 10% employer co-investment must only be used for activity directly related to the apprenticeship in that it must only be used to pay for training and assessment, including end-point assessment, to attain an apprenticeship that is eligible for funding up to the limit of the funding band. This includes the following:

·  Off-the-job training through an externally-contracted provider or evidenced costs for employer-provider delivery.

·  Registration and examination (including certification) costs associated with mandatory qualifications excluding any licence to practise.

·  Planned on-programme assessment (progress reviews) and the formal end-point assessment costs including any costs associated with the completion certification for the apprenticeship.

·  Distance, online or blended learning relating to the off-the-job training element of an apprenticeship.

·  Materials (non-capital items) used in the delivery of the apprenticeship framework or standard. By materials (non-capital items) we mean the equipment or supplies necessary to enable a particular learning activity to happen. These items would not normally have a lifespan beyond the individual apprenticeship being funded.

·  Any administration directly linked to the training and assessment, including end-point assessment.

·  Funding to re-take mandatory qualifications or the end-point assessment, providing additional learning takes place.