Commitment Statement (Apprenticeship Standards) Aston University of Aston Triangle, Birmingham, B4 7ET. Schedule 3

Transcription

1 Commitment Statement (Apprenticeship Standards) The University: Aston University of Aston Triangle, Birmingham, B4 7ET The Employer: The Apprentice: This Commitment Statement is made on the date when the last party to sign has signed below and is subject to the details listed in the schedule below and the terms and conditions attached. Apprenticeship standard Start date Estimated completion date Content and schedule Contact details for the University Contact details for the Employer Contact details for the Apprentice Schedule 3 Please indicate the payment method that the Employer will be paying by for the Apprenticeship. The Apprenticeship will be paid through the Apprenticeship Service. The Apprenticeship will be paid through Co-Investment. The Apprenticeship will be paid through the Apprenticeship Service and Co- Investment. The Apprenticeship will be paid by the Funder. 1 Please insert the name and registered/principle office address of the employer. 2 Please insert the name and address of the apprentice. The SFA rules say that learners must not be recruited w ho live or w ork outside of England (although there are some exceptions). 3 Please complete the table. This w ill form part of the Agreement.

2 Signed by the duly authorised representative of the University 4 Name:... Signature :... Position :... Date: Signed by the duly authorised representative of the Employer Name:... Signature :... Position :... Date: Signed by the Apprentice Name:... Apprentice s position Signatur e:... Date: Signed by the Apprentice s duly authorised representative 5 Name:... Signature:... Date: 4 Please refer to the Legal Services intranet page for guidance on w ho should sign the agreement on behalf of the University. 5 Apprentices aged 16 to 17 until their 18 birthday must have their commitment statement signed by a parent or legal guardian (Funding Rules 2016/2017, para 207).

3 1. Status of this Commitment Statement 1.1 This Commitment Statement is intended to be a short summary of the planned content and schedule for training and end-point assessment of the Apprenticeship and of the parties respective and separate responsibilities in relation to the Apprenticeship. It is intended to be legally binding unless otherwise stated. 1.2 The parties acknowledge that the Apprenticeship is either: a new job role; or an existing job role where the Apprentice is required to obtain new knowledge and skills. 2. Key roles and responsibilities of the Parties 6 Apprentice 2.1 The Apprentice will attend the Employer for work between [time] and [time] [Mondays] to [Fridays] inclusive with a lunch break of one hour (as more particularly described in the separate apprenticeship agreement between the Employer and Apprentice). 2.2 The Apprentice will also attend a training course at the University. It is envisaged that this external training will be [number] hours OR on [day(s)] each week. 2.3 The Apprentice will be entitled to [number] days paid holiday during each holiday year of the Employer. In addition the Apprentice will be entitled to take the usual public bank holidays in England and Wales [or a day in lieu where the Employer requires the Apprentice to work on a public holiday]. 2.4 The Apprentice will attend any training sessions,, meetings, examinations and engage in distance learning sessions, as required at the University in order to complete the Apprenticeship. 2.5 The Apprentice will comply with Aston s Policies and Regulations. Employer 2.6 The Employer will pay the Apprentice at least the appropriate rate of the national minimum wage and the Apprentice s basic salary will be [ insert amount] per year payable monthly in arrears. 2.7 The Employer will release the Apprentice from their duties to attend such training as is reasonably required to complete the Apprenticeship and attain [relevant level of qualification] (including, without limitation, for the training outlined at paragraph 2.2 above). 2.8 The Employer will ensure that the Apprentice spends at least 20% of its time engaged in off-the-job training which may include the following: 6 This clause sets out the responsibilities of each party. There are square brackets within these provisions, please complete/amend/delete as necessary.

4 2.8.1 lectures, seminars, tutorials, lab sessions, or online activities; practical training, field trips, or work placements; feedback on assignments and time spent completing assessments; and study leave. 2.9 The Employer agrees that the end-point assessment organisation for the [insert apprenticeship standard] will be [insert end-point assessment organisation] The Employer agrees that the end-point assessment organisation for the [insert apprenticeship standard] will be the University In the event that a job opportunity does not arise from completion of the Apprenticeship, the Employer will use reasonable endeavours to support the Apprentice in seeking employment opportunities. University 2.12 The University will provide the Apprentice with the following services: advice and support, counselling services, career guidance [insert any others] as would normally be provided to registered students of the University and which may be accessed as set out here: [insert] If the Apprentice wishes to query a recommendation or decision on his or her academic assessment, progression or award (an academic appeal ) or otherwise has a complaint which could reasonably be expected to have a material effect on the Apprentice s academic performance, the matter will (unless the University decides otherwise) be referred in the first instance to [insert first contact point] at the University ( First Contact ) for consideration by the University in accordance with the University s policies, a copy of which is available from [insert] If the Apprentice has a complaint of a non-academic nature relating to their Apprenticeship, such complaint shall be referred to the Employer, save and except where such complaint relates to University training, services or facilities provided to the Apprentice by the University where such complaint should be referred to the First Contact at the University. Any such complaint will be dealt with by the Employer or the University (as applicable) in accordance with the applicable policies, regulations and procedures, copies of which are available from [insert] The University and Employer agree to cooperate with each other to provide materials, responses and such other support as may be reasonably required in connection with any complaint or appeal In the event that a job opportunity does not arise from completion of the Apprenticeship, the University will use reasonable endeavours to support the Apprentice in seeking employment opportunities The parties acknowledge and agree that the appeal discipline and complaint procedures in paragraph 2 of this Commitment Statement may fall under the jurisdiction of the Office of the Independent Adjudicator (or any successor body) 7 Please insert the independent end-point assessment organisation. Please delete if the apprenticeship is an integrated standard and the University is responsible for the end-point assessment. 8 Please retain this clause if the apprenticeship is an integrated standard and the University is responsible for the end-point assessment.

5 ( OIA ) and the Employer agrees it shall abide by the procedures implemented by the University, as amended from time to time, to participate in the OIA s scheme The Employer and University will comply with the Funder Requirements If the Employer has a complaint in connection with any University training, services or facilities provided in connection with the Apprenticeship the Employer should refer such complaint to the First Contact at the University. Any such complaint will be dealt with by the University in accordance with the applicable policies, regulations and procedures, copies of which are available from [insert] The Employer and the Apprentice agree and accept that the employment relationship is strictly between the Apprentice and the Employer and nothing in this Commitment Statement or any other agreement between the parties shall render the Apprentice an employee, worker, agent or partner of the University and the Apprentice shall not hold himself out as such. The parties accept that the University has no legal or other responsibility and/or liability in any capacity to either of the Employer or Apprentice in respect of the employment relationship between the Apprentice and the Employer. 3. Intellectual Property 3.1 The University, Employer and Apprentice agree that any intellectual property rights created by the Apprentice: during the hours the Apprentice is contracted to work for the Employer; and/or [in connection with any project specified in Appendix (A)] 9, (the Apprenticeship IPR ) shall belong to the Employer. 3.2 The University, Employer and Apprentice agree that save for the Apprenticeship IPR, ownership of any intellectual property rights created by the Apprentice shall be governed by the University s standard policies in relation to the ownership and protection of intellectual property rights created by students. 4. Data Protection The Apprentice consents to each of the University and the Employer processing Personal Data, including Sensitive Personal Data, (as defined in the Data Protection Act 1998) relating to the Apprentice for their respective legal, personnel, administrative and management purposes, and transferring such Personal Data, including Sensitive Personal Data, to the other for the purposes of management and administration of the Apprenticeship. 5. Redundancy 5.1 In the event that the Apprentice is made redundant, the University will use reasonable endeavours to find the Apprentice a new employer within a period of 12 weeks. In the event that an employer cannot be found, the University will notify the Apprentice as to have lft learning in the event the Apprentice has more than 6 months remaining on the Apprenticeship. 9 Please delete if not applicable.

6 5.2 The University may still deliver the Apprenticeship in the event of a redundancy and where this is the case, it must ensure that the remaining elements and end-point assessment of the Apprenticeship can be delivered in accordance with the Funder Requirements. 5.3 [In the event that the Apprentice is made redundant, the Apprentice may continue to study the [insert degree programme title] and be enrolled at the University, subject to the Apprentice paying the remainder of the tuition fees in accordance with Aston s Policies and Regulations.] Apprenticeship Helpline 7. General Any party may at any time contact the Apprenticeship Helpline regarding apprenticeship concerns, complaints and enquiries: Telephone: nationalhelpdesk@apprenticeships.gov.uk 7.1 No one other than a party to this Commitment Statement shall have any right to enforce any of its terms. 7.2 Nothing in this Commitment Statement is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute any party as the agent of another party, nor authorise any party to make or enter into any commitments for or on behalf of any other party. 7.3 No variation of this Commitment Statement shall be valid unless it is in writing and signed by or on behalf of all of the parties. 7.4 This Commitment Statement shall be governed by and construed in accordance with English law [and each party agrees to submit to the exclusive jurisdiction of the courts of England and Wales] Please delete if not applicable. 11 This can be deleted in the event the employer is incorporated oversees, because they will be unlikely to accept this part of the clause.