Can anyone please clarify from a provider’s POV as to what evidence relating to an P37 of the Provider Guidance the ESFA require the Provider to obtain?
Is the Apprenticeship Agreement (link to template provided in P37) sufficient enough as evidence or does the provider need to obtain a copy of the Apprentice’s contract of employment (or similar document)?
We are concerned that some Employers and Apprentices will be reluctant in giving us a copy of the contract of employment, especially where the Apprentice may be mature and up-skilling.
This is covered in the following Employer rules:
E35. You must have an apprenticeship agreement with the apprentice at the start of, and throughout, their apprenticeship, as defined in the Apprenticeships, Skills, Children and Learning Act 2009.
You must give evidence of this to the provider to keep in the evidence pack.
35.1. This can be a written statement of particulars under the Employment Rights Act 1996, a contract of employment or a letter of engagement, where the employer’s duty under the 1996 Act is treated as met.
It does not need to come from the employer as the learner should have a written statement of particulars under the Employment Rights Act 1996, a contract of service or a letter of engagement, in any event you can use the Apprenticeship Agreement template, you only need one form of these to comply with the evidence requirement.