Apprenticeship Training Agreement

KT1995

I started a level 7 apprenticeship last year and I was made to sign a training agreement stating that if I was to leave the company within 12 months of qualifying for any reason then I would be liable to cover the training costs, book costs and exam fees'. This statement didn't give an amount I would have to pay back. Just that I would be liable for the costs associated with training. I've had conflicting advice from ACAS, the national apprenticeship service and free legal advice. Some have stated that because it's government money and the company is a levy paying organisation then they can't ask for the money back. However, some have said that because I've signed this document, then this agreement overrides this and I can be held liable if I was to leave. Can anyone offer any advice?

Marcon

KT1995 said:

I started a level 7 apprenticeship last year and I was made to sign a training agreement stating that if I was to leave the company within 12 months of qualifying for any reason then I would be liable to cover the training costs, book costs and exam fees'. This statement didn't give an amount I would have to pay back. Just that I would be liable for the costs associated with training. I've had conflicting advice from ACAS, the national apprenticeship service and free legal advice. Some have stated that because it's government money and the company is a levy paying organisation then they can't ask for the money back. However, some have said that because I've signed this document, then this agreement overrides this and I can be held liable if I was to leave. Can anyone offer any advice?

I'd be interested to know who said this - but it does depend on the exact phrasing of the question you asked each organisation, whether you are in a true 'apprenticeship' and, if so, how it is being funded.

The apprenticeship funding rules as of April 2021 say the following:

E69 To use funds in your apprenticeship service account or government-employer co-investment, the individual (the apprentice) must:
E69.3 Not be asked to contribute financially to the cost of training, on-programme or end-point assessment. This includes where the individual has completed the programme successfully or left the programme early. Costs include any co-investment or additional training and assessment costs, above the funding band, that you have paid directly to the main provider where this is part of the agreed apprenticeship. 

KT1995

Thank you Marcon. That advice was given through a free legal service and also by a member of the national apprenticeship service. However when I rang the national apprenticeship service again they told me different. I keep getting different advice, so not sure what to do. 

oh_really

You need to seek advice form an accountable source, are you a trade union member?

KT1995

No, I've never been part of a trade union

NBLondon

That may have been a standard term for all sorts of training - not just apprenticeships - and they have not updated it.

KT1995

NBLondon said:

That may have been a standard term for all sorts of training - not just apprenticeships - and they have not updated it.

Do you think my employer could enforce it?

redpete

By requesting that condition the employer is infringing the apprenticeship funding rules.