Apprentice information

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Egbert Stafford
6 years ago
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Apprentice information Disclaimer this information is provided in good faith and is as correct as we can get it 05.2014. I am not an employment expert or legally trained in apprentice law, wages etc.

1 Apprentice information Disclaimer this information is provided in good faith and is as correct as we can get it I am not an employment expert or legally trained in apprentice law, wages etc. Please check with your apprentice s training provider and follow all links for latest Govt rules (they tend to change quite regularly). Apprentices can have a positive influence on a childminder s provision the children have someone new to play with and they can plan activities and bring new ideas to the provision. You have to pay them of course and there some other are costs associated with taking on an apprentice which you need to be aware of plus, remember that employees have a lot more rights than you might realise for example, they are entitled to sick and holiday pay and you might have to offer them a lot of support during their course. Here are some of the main considerations - Interview Before you interview an apprentice, you must have robust recruitment procedures in place your Ofsted inspector will check them. Your apprentice must be a suitable person to work with children - see EYFS requirements You will need to think about how you interview your apprentice. Questions to consider asking might include Names of 2 references check them Copies of ID Medical history - remember you must comply with the Equality Act 2010 and be inclusive How they feel about your inclusion policy Previous employment history Are there any reasons why they cannot work with children? (See DBS check) Proof of address Proof of permission to work in the UK Qualifications already gained / undertaking Commitment to completing the training course / apprenticeship Check apprentice can speak and read English (an EYFS requirement) Travelling time to and from your provision it has to be an easy journey or they might not turn up, leaving you paying for staff who is not there and possibly over ratios The apprentice s expectations

2 Do they have a paediatric first aid certificate? Do they have a transferrable DBS disclosure? Are there any reasons why they cannot work with children? What is their understanding of confidentiality? What is their understanding of safeguarding? DBS check Your apprentice will need to complete an EY2 form for Ofsted. This will normally prompt a request for a DBS check. You will probably be expected to pay for another DBS regardless of whether the apprentice already has one (unless they have signed up for their DBS check to be transferrable). Note that your apprentice cannot be left in sole charge of children (even for a few minutes while you nip to the loo) until they have a DBS check and suitable person letter from Ofsted. During interview you should ask your apprentice if there is anything in their history that might affect the DBS check. It is a legal requirement that you ask for this information and request that they inform you if their DBS status changes so you can take advice from Ofsted about what to do next. Contract A contract is an agreement that sets out an employee s conditions of employment, rights, responsibilities and duties. You are legally required to stick to a contract until it ends (eg by an employer or employee giving notice or an employee being dismissed) or until the terms are changed (usually by agreement between the employee and employer) - Sometimes the college will provide you with a contract; if not, you will need to prepare one for your apprentice to sign. You can use the same contract as you use for an assistant it must include information about, for example, pay, holiday entitlement and working hours. You will find help to write a contract on the ACAS website. Apprentice handbook You should prepare a handbook for your apprentice, to give to them as part of the interview / induction process. A handbook might include information about Working hours / times Break times - young workers must not exceed the 8 hour a day or 40 hours per week. They are also entitled to rest breaks of at least 30 minutes if their shift lasts more than four and half hours. You can find more information from ACAS - Your business ethos Your contact details SEND (currently SEN) Code of Practice Wages and National Insurance Child safety / whistleblowing Holiday policy notice required What to do if they are ill / not coming in to work

3 Job description / your expectations - all apprentices must have a clearly set out job description with they read and sign to say they understand. It should state exactly what they are and are not responsible for doing in the provision. Confidentiality policy Support offered to the apprentice during their time with you to complete their course and support to help them with other issues such as problems at college, worries about deadlines etc Food and drink including meal times and expectations if ratios need to be maintained (more information to follow) Clothing to be worn / dress code Disciplinary procedures / behaviour expectations including information about gross misconduct eg theft, swearing Smoking / drugs / alcohol Apprentice wellbeing / coping with stress Training expectations / support offered You should include information about all statutory policies and procedures including emergency and health and safety procedures, medication procedures, what happens if the apprentice / a child has an accident, procedures for mobile phones and cameras in the provision etc. There might be other requirements from the apprentice s college that you need to include in your handbook. This list is a guide only. Induction training The EYFS states that induction training must include Emergency evacuation procedures Safeguarding and child protection Your equality policy Health and safety issues You will want to cover other areas of provision as well such as mobile phone and camera use. You can also include information in the apprentice s handbook and work through it with them. Ongoing supervision and appraisal Remember that you are always the key person in the provision and the lead practitioner for safeguarding and behaviour management (EYFS 2012 requirements). You are responsible for your apprentice if they make a mistake the buck stops with you so you must be prepared to supervise them fully throughout their time with you. You will also need to consider making time to help them with their course work and providing on the job training and support. The children in your care must come first and time spent helping your apprentice must not impact on their care and learning. Your handbook will be the starting point for your induction procedure and training you should include information in the apprentice s file as you work through the handbook and give them in-house / on the job training and support. Regular appraisals should be carried out with your apprentice including an annual appraisal to consider what they have learned and how they need to be supported in the future.

4 Ofsted You must inform Ofsted via the EY2 form that you intend working with an apprentice. Ofsted might want the apprentice to have another DBS check you will need to speak to the college about who pays for this check. As part of your inspection, your inspector might want to do a joint observation with you on your apprentice so it is a good idea to practice doing these. A joint observation helps your inspector to monitor your management and supervision skills. You will find more help in my blog here You will have to show Ofsted that you are properly supervising your apprentice and that they are not left with children on their own - unless they are 17+ for the EYFS / 18+ for the Childcare Register with a current paediatric first aid certificate and Ofsted permission (suitability letter) and you have permission from parents. Ratios and planning permission If you intend increasing your ratios because you have an apprentice working with you, then you might need to apply for planning permission via your Local Authority you should contact them for more information. You can find a factsheet about applying for planning permission here If you plan to use your apprentice to increase your ratios (with planning permission and Ofsted permission) you will need a contingency plan in place in case your apprentice does not arrive for work for when they are on holiday (they get 20 days paid holiday a year) and for if they disappear one day and leave you in the lurch etc. Many childminders who work with apprentices have extra assistants registered with them in case they are needed in an emergency. You must also consider floor space requirements - You will need to think about lunch and other statutory breaks during the day if they have a captive lunch break to ensure you are within ratios they must be paid for their lunch break alternatively, you would need to bring in another assistant to cover you over the lunch period. Note - a risk assessment must be in place if you care for more than 4 children under 5 at the same time, including information about how you will meet their care and learning needs, compliance with space requirements, equipment required etc. You can find a sample risk assessment here Sole care To be left on their own with childminded children, your apprentice must be over 17 for the EYFS (18 for the Childcare Register) and must have a current 12 hour paediatric first aid certificate. You must have a DBS check for them, permission from Ofsted (suitability letter) and written permission from children s parents. Note that some colleges do not allow their students to have sole care of children you need to read the terms and conditions that the apprentice will bring with them. If your apprentice cannot be left alone with children, they will need to leave the room every time you leave the room unless there is another member of staff (considered suitable by Ofsted) in the room to supervise them.

5 Paediatric first aid certificate Your apprentice must have a 12 hour paediatric first aid certificate if they are left with children for any time and you will normally need to pay for their course. If the course is on a non-working day they might expect to be paid for the day (check with college). Note that an apprentice cannot be left in sole charge of children (even for a moment) unless they have a first aid certificate (and a DBS check and permission from Ofsted and children s parents). HMRC If your apprentice earns less than the lower earnings limit for National Insurance you do not normally need to register as an employer with HMRC information about the lower earnings limit for NI here - If they are over 19 you will have to register as an employer. If they are in their second year of college you might have to register as an employer you should ask HMRC. You should always check with HMRC as each case is different for example, if the apprentice has a second job (such as a bar job, babysitting or maybe a Saturday job) you will have to register as an employer because they might be earning more than just their apprentice minimum wage. Displayed documents If you are registered as an employer you must display your employers liability certificate and you might need to comply with further legislation such as displaying Health and Safety at Work poster. You should also have a Health and Safety leaflet and a copy of your policy to give to your apprentice. Wages The minimum wage for an apprentice is 2.68 an hour (correct ). This wage applies to apprentices aged and those aged 19 or over who are in their first year (see links below). If your apprentice is over 19 or in their second year (if they are doing a level 2 followed by a level 3 qualification it will last longer than 12 months) they will need to be paid the National Minimum Wage for their age - which means it is likely you will have to register as an employer at this point. Note that the National Minimum Wage might be going up soon if the new Living Wage passes through legislation. Note if they are doing a level 2 course with a 1 day a week placement with you this is not an apprenticeship. It is only an apprenticeship when they are doing 30 hours a week. So if they then choose to do their level 3 as an apprenticeship, it is classed as their first apprenticeship. Apprentices must be paid for a minimum of 30 hours work a week which might include 1 day training a week this means that they cannot be taken on to provide part time care they have to be paid a minimum amount of hours regardless of how busy you are with children / your income.

6 National minimum wage information - Note a grant might be available to help fund your apprentice (pay their wages) from the National Apprentice Service you should speak to the college for more information. Funding rules constantly change so you will need to check current legislation. Holiday entitlement Apprentices are entitled to at least 20 days of paid holiday per year, plus bank holidays. There is an apprentice holiday entitlement calculator here More information about paying your apprentice during their holidays here National insurance All apprentices must pay tax and national insurance on their income if they earn above the lower earnings limit. This is unlikely to be an issue in their first year (unless they have a second job or are over 19 or in their second year at college), because the apprentice starting wage will keep them under the lower earnings limit. However, NI will need to be paid in the second year when they are earning the National Minimum Wage for their age. Employers liability insurance Ring your insurance company and check that you are covered for working with an apprentice. An extra payment might be required. Note - even though you are not an employer during the first year you must still display your employer s liability insurance on the wall. Policies and procedures You will need to make some changes to your policies and procedures. You will need to include your apprentice in your safeguarding policy and procedures and you will need a whistleblowing policy and procedures as well as information about misconduct and behaviour expectations. Your apprentice should read all your policies and procedures and sign to state they have been read and understood. You will need to check their understanding on the key points as part of the induction process. Safeguarding It is good practice to ensure your apprentice has completed a safeguarding training course. This can be in-house but your Local Authority might require them to do a face-to-face course as well you should check local requirements. Speak to your apprentice s college about whether you will need to pay wages while the apprentice to attend if a training course is at the weekend or in the evening. You might also need to pay for the course (depending on your Local Authority requirements).

7 Attendance register You must have an apprentice attendance register to note times in and out of the provision. If your apprentice has permission and other necessary documentation and can be left in sole care of children, the sole care times must be recorded and it can only be for a maximum of 2 hours a day (correct ). College paperwork As well as your own documentation for HMRC / Ofsted / insurance / to comply with the EYFS etc, the college might require you to complete other paperwork such as their own contract and attendance register. You will need to be well organised to manage the extra documentation. You will find more general advice about working with assistants / apprentices and Ofsted / the EYFS here Thank you to Joy Worthington and other members of the Independent Childminders Facebook group and Childminding Forum for proofreading advice.

Work Experience through a school or local education authority

Work Experience through a school or local education authority Overview This advice sheet is for trainers taking a work experience placement through a school or local education authority. Work experience