Apprenticeship cost for training

penguin99_2

My son is due to complete his apprenticeship in May and has been attending day release for a HNC qualification.  The company he works for have now given him a form to sign to say that if he leaves the company either on his own accord/his apprenticeship ends or his employment terminates he has to pay back 100% of the course fee back to the them.  Bearing in mind the form states it should have been signed before he started the course 2 years ago.  The company have paid the first year course fees but so far the second year has not been paid.  If they dont pay he will  have to find £2225 to obtain his certificates.   He has been offered full time employment with the company but after this we do not want him to accept plus the salary is low.   Are they able to do this?  Is it legal?  Thank you

Andy_L

They cannot reclaim training costs from the apprentice.

Contact the National Apprenticeship Helpdesk

https://assessors.apprenticeships.education.gov.uk/Home/ContactUs

Marcon

penguin99_2 said:

My son is due to complete his apprenticeship in May and has been attending day release for a HNC qualification.  The company he works for have now given him a form to sign to say that if he leaves the company either on his own accord/his apprenticeship ends or his employment terminates he has to pay back 100% of the course fee back to the them.  Bearing in mind the form states it should have been signed before he started the course 2 years ago.  The company have paid the first year course fees but so far the second year has not been paid.  If they dont pay he will  have to find £2225 to obtain his certificates.   He has been offered full time employment with the company but after this we do not want him to accept plus the salary is low.   Are they able to do this?  Is it legal?  Thank you

Quite apart from the fact apprenticeship fees can't be reclaimed, signing a form which appears to have no end date would be madness even if they could be reclaimed from the apprentice.

Just as a gentle aside...you may not want him to accept full time employment with the company, but what does he want?

MalMonroe

The employer should have signed an Apprenticeship Agreement with your son at the beginning of his apprenticeship so it's not clear what the form is that they have now produced since all the information pertaining to his apprenticeship should have been clearly stated two years ago.

There's some info here - https://www.gov.uk/employing-an-apprentice/apprenticeship-agreement

Who is funding your son's apprenticeship? Is it an official apprenticeship? Employers obtain government help with funding so it's not clear who exactly is paying here.

It's not clear why that form has been given to your son now, with only a couple of months to go - does the company think he has plans to leave?  

You'd need to give more information about this such as what Apprenticeship Agreement he was given (by law there has to be one signed by both employer and apprentice before the apprenticeship begins) and what the conditions of that agreement are. 

There's some info here from the government -

https://www.gov.uk/employing-an-apprentice/pay-and-conditions-for-apprentices

and also here - https://www.gov.uk/employing-an-apprentice/get-funding

There's also some info here from UCAS - https://www.ucas.com/apprenticeships/what-you-need-know-about-apprenticeships/apprentices-rights-and-responsibilities

I'd advise your son to hold off signing that form until he has more information and advice.