The Newcastle upon Tyne Hospitals NHS Foundation … · Employment Policies and Procedures...

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Page 1 of 21 The Newcastle upon Tyne Hospitals NHS Foundation Trust Employment Policies and Procedures Apprenticeship Policy Version No.: 2.0 Effective From: 26 September 2017 Expiry Date: 26 April 2020 Date Ratified: 25 September 2017 Ratified By: Employment Policies & Procedures Consultative Group 1 Introduction 1.1 “English Apprenticeships: Our 2020 Vision” 1 set out the Government plans for raising productivity and training a highly skilled workforce. This includes the introduction of an Apprenticeship Levy to invest in training, and a structure intended to improve the quality of the Apprenticeship system. 1.2 The Government’s Apprenticeship changes have included increasing the level of qualification that can be obtained as part of an Apprenticeship, with Apprenticeships now having no maximum level (a Masters or a Doctorate can now be part of an Apprenticeship for example). 1.3 The Enterprise Act 2016 amended the Apprenticeships, Skills, Children and Learning Act 2009 (2009 Act) 2 to allow the Secretary of State to set Apprenticeship targets for prescribed public bodies. The Government has introduced a Public Body Apprenticeship Target (from April 2017). The target is set at 2.3% of headcount per annum (calculated on the 31 March of each year, achieved as an average for a defined period). The Act imposes a duty on all public bodies to have regard to that target. The Government consider having regardto be evidenced by demonstrably considering Apprenticeships within workforce planning, both for new recruits and existing staff development. This will be achieved through annual reporting about progress against achievement of target. 1.4 The Trust is committed to the Apprenticeship agenda and ensuring support of the NHS Talent for Care Strategy 3 . It aims to provide high quality Apprenticeships for both new recruits and existing staff, underpinned by strong governance, and will proactively explore opportunities to use Apprenticeships to develop collaborative and innovative working across systems to meet workforce needs. 1.5 This policy complies with all Education and Skills Funding Agency (ESFA) Apprenticeship funding rules and Department for Education (DfE) Apprenticeship rules. 1 English Apprenticeships: Our 2020 Vision 2 Enterprise Act 2016 3 National NHS Talent for Care Strategy

Transcript of The Newcastle upon Tyne Hospitals NHS Foundation … · Employment Policies and Procedures...

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The Newcastle upon Tyne Hospitals NHS Foundation Trust

Employment Policies and Procedures

Apprenticeship Policy

Version No.: 2.0

Effective From: 26 September 2017

Expiry Date: 26 April 2020

Date Ratified: 25 September 2017

Ratified By: Employment Policies & Procedures Consultative Group

1 Introduction 1.1 “English Apprenticeships: Our 2020 Vision”1 set out the Government plans for

raising productivity and training a highly skilled workforce. This includes the introduction of an Apprenticeship Levy to invest in training, and a structure intended to improve the quality of the Apprenticeship system.

1.2 The Government’s Apprenticeship changes have included increasing the level

of qualification that can be obtained as part of an Apprenticeship, with Apprenticeships now having no maximum level (a Masters or a Doctorate can now be part of an Apprenticeship for example).

1.3 The Enterprise Act 2016 amended the Apprenticeships, Skills, Children and

Learning Act 2009 (2009 Act) 2 to allow the Secretary of State to set Apprenticeship targets for prescribed public bodies. The Government has introduced a Public Body Apprenticeship Target (from April 2017). The target is set at 2.3% of headcount per annum (calculated on the 31 March of each year, achieved as an average for a defined period). The Act imposes a duty on all public bodies to have regard to that target. The Government consider “having regard” to be evidenced by demonstrably considering Apprenticeships within workforce planning, both for new recruits and existing staff development. This will be achieved through annual reporting about progress against achievement of target.

1.4 The Trust is committed to the Apprenticeship agenda and ensuring support of

the NHS Talent for Care Strategy3. It aims to provide high quality Apprenticeships for both new recruits and existing staff, underpinned by strong governance, and will proactively explore opportunities to use Apprenticeships to develop collaborative and innovative working across systems to meet workforce needs.

1.5 This policy complies with all Education and Skills Funding Agency (ESFA)

Apprenticeship funding rules and Department for Education (DfE) Apprenticeship rules.

1 English Apprenticeships: Our 2020 Vision

2 Enterprise Act 2016 3 National NHS Talent for Care Strategy

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1.6 Funds within the Apprenticeship Levy can be used for the delivery of Apprenticeship training and assessment only. Of note, they cannot support an Apprentice’s salary.

2 Scope This policy applies to all Trust Apprenticeship posts and Agenda for Change Band 1

– 4 level vacancies. Sections 11, 12 and 13 do not apply to Regional Programme

Apprentices.

3 Aims 3.1 This policy outlines the Trust’s approach to Apprenticeships as an integral

part of the Trust’s workforce plans, and aims to ensure:

ESFA and DfE Apprenticeship rules are adhered to at all times

Effective use and recoup of the Apprenticeship Levy to support the launch of careers and career development within the Trust

The Trust has regard for the Public Body Apprenticeship Target

Delivery of high quality Apprenticeships

Fair remuneration of Apprentices

4 Duties (roles and responsibilities) 4.1 The Executive Team is accountable to the Trust Board for ensuring Trust-wide

compliance with policy.

4.2 Directorate managers and heads of service are responsible to the Executive Team for ensuring policy implementation.

4.3 Managers are responsible for ensuring policy implementation and compliance

in their area(s).

4.4 Staff are responsible for complying with policy. 4.5 The Education and Workforce Development service will provide professional

advice and guidance on Apprenticeships to the Board, Executive Team and appointing managers.

4.6 The Education and Workforce Development service is responsible for monitoring of the implementation and compliance with this policy, reporting and providing assurance to the Trust Education Group.

5 Definitions 5.1 ‘Apprenticeship’ refers to an “approved English Apprenticeship” as outlined in

the 2009 Act. The term Apprenticeship is legally protected and can only be used to describe a statutory Apprenticeship (Enterprise Act 2016). An Apprenticeship is a genuine job, with an accompanying skills development programme; the individual must be completing an approved Apprenticeship

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training Framework or Standard. 20% of the Apprentice’s time must be spent ‘off – the job’.

5.2 ‘Off the job’ training is defined by the ESFA 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”.4

Appendix 1 outlines what ‘off the job’ training includes.

5.3 An ‘Apprenticeship Framework’ outlines the elements an Apprentice must

achieve in order to complete an Apprenticeship. This usually includes a competence qualification, a knowledge qualification and any Functional Skills (such as English, Maths and ICT requirements).

5.4 ‘Apprenticeship Standards’ are replacing Apprenticeship Frameworks.

Standards therefore contain the same information (though do not necessarily prescribe a qualification) as Frameworks, but have been designed by groups of employers (known as Trailblazer Groups). The Standards relate to specific job roles and set out the core skills, knowledge and behaviours required to be competent in a role.

5.5 A ‘Regional Programme Apprentice’ is an Apprentice on a HEE funded or part

funded Regional Training Programme. Within the Trust this currently includes a Pharmacy Technician Apprenticeship, Dental Nursing Apprenticeship and Estates Apprenticeship.

5.6 A ‘new recruit Apprentice’ describes an individual who has applied and been

appointed to an Apprenticeship post. This could include an existing member of staff applying for such a post.

5.7 An ‘existing post holder Apprentice’ refers to a member of staff who is both

eligible (see section 6), and is undertaking an Apprenticeship in their existing post to support their development. They were not initially appointed to an Apprenticeship post and have not been appointed to a new post to undertake their Apprenticeship.

5.8 An ‘on programme Apprentice’ is defined as any individual on an

Apprenticeship, at any point on their Apprenticeship.

6 Apprenticeship eligibility 6.1 An individual must be:

4 Apprenticeship funding: rules for employer - providers. May 2017 - March 2018. Version 1

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Training for a new job role, or

Training in an existing job role, but require significant new knowledge and skills.

6.2 An individual may undertake an Apprenticeship at a higher level than a

qualification they already hold, including a previous Apprenticeship. They can also undertake an Apprenticeship at the same or lower level than a qualification they already hold, if the Apprenticeship will enable the individual to acquire substantial new skills, and it can be evidenced that the content of the training is materially different from any prior qualification or a previous Apprenticeship.

6.3 The individual must:

Start their Apprenticeship after the last Friday in June of the academic year in which they have their 16th birthday. The age of the Apprentice on the day they start their Apprenticeship is used for all other age based eligibility criteria.

Be able to complete the Apprenticeship within the time they have available (the minimum Apprenticeship duration and ‘typical’ Apprenticeship duration defined in the appropriate Standard/Framework will be used to guide this).

Not be enrolled on another Apprenticeship at the same time as any new Apprenticeship they start.

Spend at least 50% of their working hours in England over the duration of the Apprenticeship.

Have the right to work in England.

Be one of the following: o a citizen of a country within the European Economic Area (EEA)

(including other countries determined within the EEA or those with bilateral agreements), or have the right of abode in the UK, and have been ordinarily resident in the EEA (including other countries determined within the EEA or those with bilateral agreements), for at least the previous three years on the first day of learning

o a non-EEA citizen with permission from the UK government to live in the UK, (not for educational purposes) and have been ordinarily resident in the UK for at least the previous three years before the start of learning

7 Additional Apprenticeship conditions (Statutory or ESFA/DfE rules) 7.1 Apprentices cannot contribute financially to the direct cost of learning or

assessment for any element of their Apprenticeship. No study leave bonding can be put in place for learning as part of the Apprenticeship Framework or Standard. Of note, Apprentices cannot use a student loan to pay for their Apprenticeship. Study leave bonding for study not connected to achievement of the Apprenticeship Framework or Standard is permitted.

7.2 An Apprenticeship Agreement (Appendix 2) as defined by the 2009 Act, and a

Commitment Statement (Appendix 3) must be in place with all Apprentices. For new recruit Apprentices the Apprenticeship Agreement and Commitment

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Statement will be included as part of their offer letter pack, they must be in place before the individual starts their Apprenticeship.

7.3 Existing post holder Apprentices must complete the Apprenticeship Agreement (Appendix 2) and Commitment Statement (Appendix 3) before undertaking their Apprenticeship. These will be held within the Apprentice’s Evidence Pack held by Education and Workforce Development. External Training Providers will also require a copy of the Commitment Statement.

7.4 An Apprenticeship must be a minimum of one year, though specific Standards

and Frameworks may mandate greater minimum durations. Minimum durations are based on Apprentices working 30 hour weeks on average; the one year minimum must still be complied with if the Apprentice works more than 30 hours per week on average. If the Apprentice works fewer than 30 hours per week (including any temporary reduction in hours) the minimum period must be extended on a pro – rata basis using the following formula:

(12 x 30) / average weekly hours = new minimum duration in months. 7.4.1 In circumstances whereby an Apprentice’s average weekly hours are

below 30 hours, either at the point of recruitment or reduced (following agreement of both the line manager and Apprentice, in line with the Flexible Workforce Arrangements Policy) a risk assessment (Appendix 4) must be conducted to ensure the Apprentice can still meet all the needs of their Apprenticeship. There must be evidence of why the agreed working pattern is needed. If a less than 30 hours on average per week Apprenticeship post is to be advertised, the risk assessment must be completed prior to submitting an RCG to ensure the post is viable.

7.4.2 In circumstances where the Apprenticeship post is advertised at less

than 30 hours per week on average, candidates must be made aware of the contents of the risk assessment before formally accepting an offer. They will be required to sign the risk assessment before commencing employment with the Trust.

7.4.3 The Apprentice must complete all parts of their Apprenticeship within

their working hours. Where an Apprentice is required to take a ‘break in learning’ (defined as 4 or more consecutive weeks), this break must be excluded from calculating the minimum duration. A ‘break in learning’ requires the Apprentice to confirm they intend to return to their Apprenticeship and they must not have left the employment of the Trust.

7.4.4 The Apprentice must be involved in active learning or monitored

workplace practice throughout an Apprenticeship. The Apprentice can, after achieving all mandatory requirements of an Apprenticeship, stay in learning until they meet the minimum duration and embed the skills they have gained. Evidence that the Apprentice continues in learning must be available and will be held in the Apprentice’s Evidence Pack.

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7.4.5 Records of agreed weekly hours, including off the job training must be maintained.

7.5 With the qualifying age for Apprenticeships being a minimum of 16 (see

section 6.3); Apprentices may be aged under 18. Like any employee under 18, those under 18 in Apprenticeship posts are classed as a ‘Young Person’ in law. As such there are additional requirements under the European Working Time Directive (EWTD). Please see the Trust’s Young Persons Under 18 Years of Age Policy for more information, including risk assessment requirements, as well as the Trust’s Working Time Regulations Policy.

7.6 The Trust will support Apprentices to achieve the English and Maths

requirements as outlined in the appropriate Apprenticeship Framework or Standard.

7.7 All Apprentices will receive an Initial Assessment in line with ESFA

requirements as part of their induction period with the Trust. The Initial Assessment will be led by Education and Workforce Development (usually the Apprenticeship Coordinator), with support from the Apprentice’s line manager. At times this may also include the selected Training Provider.

7.8 All Apprentices must have an Evidence Pack which will be held and

maintained centrally by Education and Workforce Development. The Evidence Pack is a collection of documents that evidence the Apprentice’s eligibility for their Apprenticeship and that the Trust complies with DfE and ESFA rules.

8 Apprenticeships and redundancy

In line with the Organisational Change and Redundancy Policy , the Trust would wish to avoid redundancies wherever possible. In circumstances where an Apprentice is to be made redundant, in addition to applying the Organisational Change and Redundancy Policy, the Trust would support the Apprentice in finding an alternative employer where possible, to facilitate the completion of their Apprenticeship.

9 Apprenticeship Status Unless specified within their contract of employment or within this policy, all Trust policies and procedures apply to Apprentices as they would to any other employee.

10 Choosing a Training Provider and End Point Assessment Organisation To ensure compliance with Public Contracts Regulations 2015 and appropriate use of the Apprenticeship Levy funding available via the Trust’s Digital Account, the Trust Education and Workforce Development Department (usually the Apprenticeship Coordinator) must be contacted before any Training Provider is selected.

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11 Trust Apprenticeship recruitment requirements (applies to Bands 1 - 4 only)

11.1 In meeting the statutory requirement to ‘have regard’ for the Public Body

Apprenticeship Target, the Trust Executive Team have determined recruitment rules for Bands 1 – 4 vacancies. These are in addition to supplementary backfill rules (section 12):

11.1.1 It is expected that all Agenda for Change Band 1 and 2 posts will be

appointed as Apprenticeships, although it is recognised that there may be occasions when service need determines that a role ready individual is required. In such circumstances this would be agreed via the Recruitment Control process using the exemptions of section 11.2.

11.1.2 All Agenda for Change Band 3 and 4 vacancies must be considered for

Apprenticeships (unless any of the exemptions of 11.2 apply, excluding 11.2.4 and 11.2.8 which do not apply).

11.2 The Trust is committed to ensuring quality of service and delivery of high

quality Apprenticeships, which launch or enhance a career with the Trust. To protect this aspiration only the following exemptions apply to section 11.1:

11.2.1 There is not an appropriate Apprenticeship programme (Framework5 or

Standard6) available for the vacancy, note specialist roles may require generic Apprenticeship training programmes due to the generalist approach taken nationally to the development of Frameworks and Standards. To be classed as available, there must be a Registered Training Provider able to commence the potential Apprentice within approximately 3 months of the RCG being submitted.

11.2.2 There is not a post available on completion of the Apprenticeship (note

this does not apply to Regional Programme Apprentices); the vacancy being recruited to must have a minimum contract length of 6 months longer than the typical Apprenticeship programme duration as outlined in the Standard or Framework, or it can be confirmed that another role that fits with Apprenticeship Framework/Standard studied would be available.

11.2.3 The vacancy funding would not facilitate the Apprentice working a

minimum of 0.8 WTE during their Apprenticeship period, or in circumstances where less than 0.8 WTE can be funded for the Apprenticeship period, a risk assessment indicates the Apprenticeship could not be delivered.

11.2.4 Any area whereby Professional Staffing Leads (Heads of

Department/Directorate Managers) deem:

5 Apprenticeship Framework Live List

6 Apprenticeship Standards Live List

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The area to be inappropriate for an inexperienced member of staff (even when well supervised) or

It is appropriate to enforce a maximum number of on programme new recruit Apprentices in any one area (measure at point of RCG submitted).

11.2.5 A role designed primarily or to significantly cover nights whereby supervision and learning opportunities would be significantly reduced, or a role designed to be a lone worker, or carry out a significant amount of their duties in the absence of other colleagues or supervision. Of note, managers should consider an Apprentice’s progress and available support before rostering them at night.

11.2.6 Where National Staffing Rules (profession specific) dictate that Apprenticeships are classed as supernumerary in any staffing ratios/hours calculations, as such they cannot be employed within budgeted establishment.

11.2.7 Following an unsuccessful attempt to recruit an Apprentice to a vacancy, the next advert for that specific vacancy only may be advertised as being for either an Apprentice or non-Apprentice.

11.2.8 In the case of Band 2 vacancies, if the recruiting manager can robustly evidence that they have a pool of staff developed internally for which the post would provide career progression (usually progressing from Band 1) who would be disadvantaged should the vacancy be advertised as an Apprenticeship post on the Apprenticeship wage, an internal advert for a non - Apprenticeship post is permissible. If nobody is appointed, the second advert must be an external Apprenticeship advert.

12 Trust Apprenticeship backfill rules (applies to Bands 1 – 4 only) 12.1 Apprentices have a requirement to spend 20% of their time in off the job

learning.

12.1.1 For new recruit Apprentices and existing post holder Apprentices training into or occupying Band 1 and 2 posts, backfill is permitted for clinical Apprenticeships only. Clinical is defined as:

Nursing & Midwifery Support roles

Healthcare Science Support roles

Allied Health Professional Support roles including Psychology

Pharmacy Support roles

In the case of new recruit Apprentices and in support of the Trust’s Cost Improvement Programme, on a non-recurrent basis (until the Apprentice transitions into the Band 1 or 2 role they are training for) the difference between Apprenticeship remuneration and the Agenda for Change Band will be removed from staffing budgets. If a clinical post,

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backfill funding will remain in budgets to cover the off the job learning element.

12.1.1.1 For existing post holder Apprentices occupying Band 1 and 2 posts, backfill is permitted in line with the rule identified for Band 3 and 4 Apprentices in section 12.1.2, but for clinical Apprenticeships only.

12.1.1.2 A case for non – clinical backfill for Apprentices training into or occupying Band 1 and 2 posts will be heard on an individual basis by submission of an RCG and will be awarded in exceptional circumstances only.

12.1.1.3 It is expected that backfill will usually be achieved through the use of bank cover, or a more affordable alternative.

12.1.2 For Apprentices training into or occupying Band 3 and 4 posts, backfill is permitted if affordable within budgeted establishments.

13 Trust Apprenticeship remuneration structure 13.1 For Apprentices training into Agenda for Change Band 5 plus posts,

Apprenticeship remuneration will make use of the terms and flexibilities within the NHS Terms and Conditions of Service handbook7; remuneration depending on the level and duration of the Apprenticeship programme, as well as the Agenda for Change Band level of the post the Apprentice is training for.

13.2 There are a number of Regional School Apprenticeship programmes funded

by Health Education England (HEE). HEE sets the remuneration package for these Apprentices; they are therefore outside the scope of this section 13.

13.3 For new recruit Apprentices training into Band 1 – 4 roles, the following basic

pay applies:

Apprenticeship Role Description Basic Pay Scale Description

Apprentice appointed to a vacancy, training into Agenda for Change Pay Band 1 or 2.

Paid the National Apprenticeship Wage for first 12 months followed by the National Minimum Wage (set at the 25+ rate for everyone).

Apprentice appointed to a vacancy, training into Agenda for Change Pay Band 3.

Paid Band 2, progressing through increment as per NHS Terms & Conditions.

Apprentice appointed to a vacancy, training into Agenda for Change Pay Band 4.

Paid Band 3, progressing through increment as per NHS Terms & Conditions.

7 NHS Terms and Condition of Service Handbook

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13.3.1 For new recruit Apprentices training into Bands 1 – 4 roles, enhancement rates will be as outlined in the NHS Terms and Conditions of Service Handbook. The rate paid based on the Band they are being paid, as opposed to the role they are training for. Those training into Band 1 and 2 posts receiving the National Apprenticeship Wage and National Minimum Wage will receive Band 1 enhancement rates (the percentages applied to their basic pay).

13.4 For existing post holder Apprentices their remuneration will be as it was

before they undertook the Apprenticeship. Existing staff would become a ‘new recruit’ Apprentice should they apply for an alternative Apprenticeship post within the Trust. In this circumstance Apprenticeship remuneration applies. There is no pay protection.

14 Apprenticeship training complaints 14.1 Apprentices have the right to make a complaint about the Apprenticeship

training they receive, both on and off the job training. All Apprentices will be made aware of the Trust’s Apprenticeship Complaints protocol and their Training Provider’s complaints procedure during their induction period.

14.2 All Apprentices have the right to raise a concern or make a complaint via the

Apprenticeship Helpline about their Apprenticeship training. They can be contacted on:

0800 015 0400,or

[email protected]

15 Apprentice Mentors

15.1 Apprentices will have an Apprentice Mentor; a member of staff working at least at the level of the post the Apprentice is training for, as well as being the same or similar occupational area.

15.2 It will be the Apprentice Mentor’s role to provide support and guidance to the

Apprentice as part of their on the job training (in some cases the support they deliver will be classified as off the job).

15.3 Apprentice Mentors will receive support from the Education and Workforce

Development Department (usually the Apprenticeship Coordinator). 15.4 In support of Ofsted’s Common Inspection Framework, it is considered best

practice (not mandatory) that Apprentice Mentors undertake the Trust’s Prevent training.

16 Training Training will be provided by the Education and Workforce Development Department to managers following implementation of the procedure.

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17 Equality and Diversity The Trust is committed to ensuring that, as far as is reasonably practicable, the way services are provided and the way staff are treated reflects their individual needs, and does not unlawfully discriminate against individuals or groups. This policy has been properly assessed.

18 Monitoring Compliance with the Policy

Standard / Process / Issue

Monitoring and Audit

Method By Committee Frequency

Monitoring whether the requirements of Apprenticeship eligibility (section 6), additional Apprenticeship conditions (section 7), and application of the Trust Apprenticeship recruitment rules (section 11), backfill rules (section 12) and remuneration structure (section 13) are adhered to.

Monitoring of Apprentice Mentor allocation.

Monitoring of Apprenticeship complaints.

Identification of appropriate action plans to address areas which can be improved and continued monitoring until its completion.

Monitoring of ESR reports and random sampling/ auditing of Apprenticeship Evidence Packs, Individual Learner Records and Personal Files.

Senior Workforce Development Officer/ Workforce Development Manager/ Head of Education and Workforce Development

Trust Education Group

Continuous review with an annual report submitted to the Trust Education Group.

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19 Consultation and Review of this Policy This policy has been reviewed in consultation with the Employment Policies and Procedures Consultative Group.

20 Implementation of the Policy (including raising awareness) A series of Apprenticeship stakeholder events will be held in support of the launch of the new policy. Further advice and guidance will be available from the Education and Workforce Development Department.

21 References

1. English Apprenticeships: Our 2020 Vision 2. Enterprise Act 2016 3. National NHS Talent for Care Strategy 4. Apprenticeship funding: rules for employer - providers. May 2017 - March

2018. Version 1 5. Apprenticeship Framework Live List 6. Apprenticeship Standards Live List 7. NHS Terms and Condition of Service Handbook 8. Apprenticeship funding: rules and guidance for employers. May 2017 - March

2018. Version 1 9. Apprenticeship technical funding guide for starts from May 2017. Version 2 10. Apprenticeship Targets for Public Sector Bodies. Government Consultation

Response 11. Apprenticeships, Skills, Children and Learning Act 2009

22 Additional Documents

Flexible Workforce Arrangements Policy

Organisational Change and Redundancy Policy

Procedure for Managing Probationary Periods

Recruitment and Selection Non-Medical Policy

Working Time Regulations Policy.

Young Persons Under 18 Years of Age Policy

Author: Employment Policies and Procedures Consultative Group

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Appendix 1 – ESFA information of what is classed as ‘off the job’

The off-the-job training must be directly relevant to the Apprenticeship Framework or

Standard and could include the following:

The teaching of theory (for example: lectures, role playing, simulation

exercises, online learning or manufacturer training).

Practical training: shadowing, mentoring, industry visits and attendance at

competitions.

Learning support and time spent writing assessments/assignments.

Off-the-job training does not include:

English and maths (up to level 2) which is funded separately

Progress reviews or on-programme assessment needed for an apprenticeship

framework or standard.

Training which takes place outside the apprentice’s normal working hours

(this cannot count towards the 20% off-the-job training)

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Appendix 2 – Apprenticeship Agreement

Further to the Apprenticeships (Form of Apprenticeship Agreement) Regulations8 which came into force on 6th April 2012, an Apprenticeship Agreement is required at the commencement of an Apprenticeship for all new Apprentices who start on or after that date. The purpose of the Apprenticeship Agreement is to:-

identify the skill, trade or occupation for which the Apprentice is being trained; and

confirm the qualifying Apprenticeship Framework or Standard that the Apprentice is following.

The Apprenticeship Agreement is incorporated into and does not replace the written statement of particulars issued to the individual in accordance with the requirements of the Employment Rights Act 1996. Apprenticeship Particulars:

Apprentice name:

Skill, trade or occupation for which the Apprentice is being trained:

Relevant Apprenticeship Framework/Standard and level:

Start date:

Estimated completion of learning date:

WTE:

Signatories:

Apprentice Signature:

Date:

Apprentice, print Name:

Trust Signature:

Date:

Trust, print name:

8 Apprenticeships (Form of Apprenticeship Agreement) Regulations 2012

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Appendix 3 – Commitment Statement

This Commitment Statement is a signed agreement between the Apprentice, the

Main Provider (which in some circumstances may be the Trust) and the Trust. This

will be completed as part of your induction to your Apprenticeship in conjunction with

Education and Workforce Development.

If you are aged under 18, a parent or guardian must also counter sign this

Commitment Statement for you.

Part 1: Apprenticeship Programme Profile

Name and level of Apprenticeship Framework/Standard:

Start date:

End date:

Any key milestone dates and description of milestone:

End Point Assessment Organisation:

*Elements of the Programme fully funded by the ESFA e.g. English and Maths

*Elements of the Programme being funded by non-levy or non Government – Employer co- investment:

*Note all elements not specifically mentioned above are levy or Government-

Employer co-investment funded.

Part 2: Planned content and schedule for eligible training

This must include identification of the different organisations being used for delivery

(including functional skills).

[Enter here]

Part 3: The Trust’s commitment to you:

The Trust is committed to supporting the delivery of high quality Apprenticeships.

The Trust will ensure you have the opportunity to:

o Receive appropriate on the job experiences to allow you to complete your

Apprenticeship

o Work under suitable supervision and have access to mentorship

o Undertake 20% of your training off the job and that it is undertaken during

work time

o Follow your planned content and schedule for eligible training as set out in

Part 2

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The Trust commits to pay you for the duration of your employment in line with

your contract of employment.

The Trust commits to working with you and the Main Provider to provide you with

the best possible Apprenticeship experience.

Part 4: The Main Provider commitment to you:

The Main Provider is committed to the delivery of high quality Apprenticeships and

will:

Work with you and the Trust to provide you with the best possible Apprenticeship

experience.

Ensure the delivery of the most up to date high quality Apprenticeship

programme tailored to your learning needs

Provide access to the highest quality learning materials and tutor support

[Enter Main Provider support and guidance available and how to access it]

[Enter Additional commitments at the selected Main Providers request]

Ensure any delivery subcontractors commit to all the above.

Part 5: Your commitment to your Apprenticeship

You commit to:

Complete any work set by your tutor within the planned timeframe to the best of

your ability

Ask for help and support when you need it

Operate within the Trust’s Professional and Leadership Behaviours at all times.

Part 6: Commitments of all parties

All parties commit to:

Ensure the smooth running and day to day delivery of the Apprenticeship

Work together and strive for a high quality Apprenticeship experience for all

parties.

Part 7: Resolving queries and complaints about your Apprenticeship

7a – General Queries

If you have a query regarding your Apprenticeship please contact:

Contact Type Contact Name Telephone number Email

Main Provider:

Trust:

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7b – Complaints

If you have a complaint regarding your Apprenticeship education, either regarding on

or off the job training please follow the Trust’s Apprenticeship Complaint protocol,

appended to this Commitment Statement.

The Main Provider of your off the job training also has a complaints procedure

identified below:

[Enter selected Main Provider’s process for managing complaints or text of: The

Trust is your Main Provider in its capacity as an Employer Provider, please use the

Trust’s Apprenticeship Complaints Procedure]

7c – Apprenticeship Helpline

All parties can make use of the Apprenticeship Helpline if they have any queries,

concerns or complaints. Contact information as below:

[email protected]

Telephone: 0800 015 0400

(8am to 10pm, 7 days a week)

Part 7 – Signing the commitment

Signing this Commitment Statement evidences each party’s commitment to its

contents.

7a – Trust commitment

Print Name:

Designation:

Signature

Date:

7b – Main Provider commitment

Print Name:

Designation:

Signature

Date:

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7c – Apprentice commitment

Print Name:

Designation:

Signature

Date:

7d – Parent/Guardian commitment (for Apprentices u18 only)

As the parent/guardian of the Apprentice I am supportive of the Apprentice signing

this Commitment Statement:

Print Name:

Relationship to Apprentice:

Signature:

Date:

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Appendix 4 – Risk assessment for Apprenticeship posts with average weekly

hours below 30

Please complete the below and attach with an RCG for a new Apprenticeship post of

less than 30 hours on average per week.

If the risk assessment is conducted as a part of a flexible working request, this risk

assessment should be considered along with the individual’s Application for Flexible

Working Arrangements.

Part 3 must be completed with, or be signed off by Education and Workforce

Development. Please send risk assessments to [email protected] for

support or sign off.

Part 1 – General Information

For new recruit Apprenticeships please complete section 1a and 1c

For existing post holder Apprenticeships please complete 1b and 1c

1a – New recruit Apprentice vacancy/post profile

Agenda for Change Band Apprentice training into (Band will be on completion of Apprenticeship):

Job Title of post training into (would be on completion of Apprenticeship):

1b – Existing post holder Apprentice profile

Current Agenda for Change Band:

Current Job Title:

1c - Working hours and programme information

Proposed WTE:

Proposed average weekly hours:

Minimum Apprenticeship duration as per Framework or Standard:

Proposed pro-rata minimum Apprenticeship duration :

Apprenticeship Standard or Framework name and level:

Part 2 – Service rationale for a post of less than 30 hours a week on average

(Does not require completion if an employee request for reduced hours)

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Part 3 – Impact on Learning

3a – Impact on Learning (on the job)

Can the Apprentice’s on the job learning requirements be met within the Trust:

(Yes/No)

Evidence supporting response to above:

3b – Impact on learning (off the job)

Is there a Registered Training Provider available to the Trust that can accommodate the necessary off the job requirements, ensure regular learning and take the learner to completion of their Apprenticeship programme:

(Yes/No)

Evidence supporting response to above:

Part 4 – Manager and Education & Workforce Development Authorisation

Following this risk assessment, can an Apprenticeship of the defined durations within Part 1c be supported?

(Yes/No)

4a – Line Manager Authorisation

Print Name:

Payroll Number:

Designation:

Signature

Date:

4b – Education and Workforce Development Authorisation

Print Name:

Payroll Number:

Designation:

Signature

Date:

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Part 5 – Apprentice declarations

The Apprentice or Apprenticeship applicant must sign as appropriate next to one

declaration only.

In circumstances whereby this risk assessment identifies that a post cannot be

advertised as an Apprenticeship, there is no requirement for this section to be

completed.

Declaration Signature

Before accepting this post I have been made aware that this risk assessment has been conducted, it has been explained to me and I am satisfied I will be supported to achieve my Apprenticeship on pro-rata basis.

As an existing member of staff wishing to undertake an Apprenticeship in my current role I have been made aware that this risk assessment has been conducted. It has been explained to me and I am satisfied that I will be supported to achieve my Apprenticeship on a pro-rata basis.

As an existing member of staff wishing to undertake an Apprenticeship in my current role I have been made aware that this risk assessment has been conducted. It has been explained to me why my Apprenticeship programme cannot be supported.

Following my flexible working request I have been made aware that this risk assessment has been conducted. It has been explained to me and I am satisfied I will be supported to achieve my Apprenticeship on a pro-rata basis.

Following my flexible working request I have been made aware that this risk assessment has been conducted. It has been explained to me why my Apprenticeship programme cannot be supported.

Print Name:

Payroll number if available:

Date of signature:

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The Newcastle upon Tyne Hospitals NHS Foundation Trust

Equality Analysis Form A

This form must be completed and attached to any procedural document when submitted to the appropriate committee for consideration and approval.

PART 1 1. Assessment Date: 2. Name of policy / strategy / service:

Apprenticeship Policy

3. Name and designation of Author:

Richard Turnbull – Workforce Development Manager (Business, Quality and Governance)

4. Names & designations of those involved in the impact analysis screening process:

Richard Turnbull – Workforce Development Manager (Business, Quality and Governance)

5. Is this a: Policy x Strategy Service

Is this: New x Revised

Who is affected Employees x Service Users Wider Community x

6. What are the main aims, objectives of the policy, strategy, or service and the intended outcomes? (These can be cut and pasted from your policy)

This policy aims to ensure:

ESFA and DfE Apprenticeship rules are adhered to at all times

Effective use and recoup of the Apprenticeship Levy to support the launch of careers and career development within the Trust

The Trust has regard for the Public Body Apprenticeship Target

Delivery of high quality Apprenticeships

Fair remuneration of Apprentices

7. Does this policy, strategy, or service have any equality implications? Yes x No

If No, state reasons and the information used to make this decision, please refer to paragraph 2.3 of the Equality Analysis Guidance before providing reasons:

24.02.17

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8. Summary of evidence related to protected characteristics Protected Characteristic Evidence, i.e. What evidence do you have

that the Trust is meeting the needs of people in various protected Groups

Does evidence/engagement highlight areas of direct or indirect discrimination? If yes describe steps to be taken to address (by whom, completion date and review date)

Does the evidence highlight any areas to advance opportunities or foster good relations. If yes what steps will be taken? (by whom, completion date and review date)

Race / Ethnic origin (including gypsies and travellers)

The Trust is committed to ensuring that, as

far as is reasonably practicable, the way

services are provided and the way staff are

treated reflects their individual needs and

does not unlawfully discriminate against

individuals or groups. Please note this

applies to all protected characteristics.

The Trust operates a BAME staff network. All

Apprentices receive this information as part of

recruitment/corporate induction.

Apprenticeship outcome data will be monitored by all

protected characteristics using information from ESR

and an Apprentice’s Individual Learner Record (ILR).

Please note this applies to all protected

characteristics.

Sex (male/ female) The Trust has a Flexible Working Policy

which will be used to support reduced hours

requests. National data from ONS on less

than full time working (Oct – Dec 2016)

suggests such requests could come more

regularly from females. A higher proportion

of our current workforce are female.

Reduction in hour’s requests will be monitored by

protected characteristics and are monitored Trust wide

under the PSED requirements annually.

Religion and Belief

Sexual orientation including lesbian, gay and bisexual people

The Trust operates an LGBT staff network. All

Apprentices receive this information as part of

recruitment/corporate induction.

Age The Trust committed to the national Talent for Care

and Widening Participation agenda with the

introduction of a Local Action Plan and agreement to

the Partnership Pledge with staff side in 16/17. These

national strategies outline a commitment to support

young persons into work (in response to Government

publicised youth unemployment; ONS labour market

statistics Oct 16 – Dec 16 have the youth

unemployment (16-24) rate at 12.6%, with 25 - 49 at

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3.8% and 50 and over at 3.1% nationally) with

Apprenticeships as a lever. The Trust is also

committed to Apprenticeships being available to all

staff in support of career development.

The Trust runs regular career fairs in support of

Widening Participation.

Disability – learning difficulties, physical disability, sensory impairment and mental health. Consider the needs of carers in this section

All Apprentices undertake an ‘Initial

Assessment’ to ascertain what additional

support or reasonable adjustments may be

required, on top of robust processes within

recruitment and selection. Reasonable

adjustments required whilst in post will be

considered in accordance the Trust’s

Employee Wellbeing Policy.

The Trust is aware of the Government’s intention to

review eligibility criteria for Apprenticeships and its

impact on those with a disability.

Gender Re-assignment The Trust has a functioning Gender Identity Group.

There are plans in place to promote this to staff during

2017. A transitioning policy is also in development

which will be equally applicable to Apprentices.

Marriage and Civil Partnership

Maternity / Pregnancy The Trust is committed to supporting Apprentices who require a ‘break in learning’ as defined by the ESFA to achieve Apprenticeship completion. It is recognised that maternity would require a ‘break in learning’.

9. Are there any gaps in the evidence outlined above? If ‘yes’ how will these be rectified?

No

10. Engagement has taken place with people who have protected characteristics and will continue through the Equality Delivery

System and the Equality Diversity and Human Rights Group. Please note you may require further engagement in respect of any significant changes to policies, new developments and or changes to service delivery. In such circumstances please contact the Equality and Diversity Lead or the Involvement and Equalities Officer.

Do you require further engagement? Yes No x

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11. Could the policy, strategy or service have a negative impact on human rights? (E.g. the right to respect for private and family life, the right to a fair hearing and the right to education?

No

PART 2 Name:

Richard Turnbull

Date of completion:

24/2/17

(If any reader of this procedural document identifies a potential discriminatory impact that has not been identified, please refer to the Policy Author identified above, together with any suggestions for action required to avoid/reduce the impact.)