The British Dressage Apprenticeship Scheme aims to formalise the traditional working pupil scheme.

Transcription

1 BRITISH DRESSAGE APPRENTICESHIP SCHEME Introduction British Dressage, the National Governing Body of the sport of dressage in Great Britain (an Olympic discipline) has created an Apprenticeship Scheme to provide a formal training structure for those who wish to pursue a career in the dressage industry. The British Dressage Apprenticeship Scheme aims to formalise the traditional working pupil scheme. The BD Approved Trainer ( the trainer ) will provide training, formally and informally, to the person who is to receive training ( the apprentice ). For the Apprenticeship to be valid a Contract of Apprenticeship must exist between the trainer and the apprentice that details the period of training, the qualification and other conditions of the contract, including accommodation if provided, the hours of work and training. BD will act as arbiters in any dispute between the trainer and the apprentice. Initially there will be a 3 month trial period during which time either party may terminate the agreement. (a contract must be in place for this trial period). The contract, once agreed between the trainer and the apprentice will be binding on both parties and may only be terminated with the agreement of BD. If the Approved Trainer wishes to terminate the Apprenticeship because they are not satisfied with the performance of the Apprentice, they must discuss this with the Apprentice and inform BD. An Apprentice who wishes to terminate his apprenticeship or transfer it to another trainer must discuss this with their Trainer and/or with BD. Why has BD introduced an Apprenticeship Scheme? The National Minimum Wage presents problems for those who provide equestrian training. The value of training cannot be offset against the NMW and the amount that can be offset for accommodation - even when it includes full board - is limited to a maximum of 3.25 per full day. It is allowable for a worker to be paid the NMW and then be charged for rent or training but only if these services are totally optional. For example, a worker may be offered the opportunity to take riding instruction at his own cost but it must be totally voluntary and not a condition of employment. This option involves considerable additional cost for the employer in NIC contributions and additional tax.

2 NMW Exemption An apprentice is exempt from the NMW up to the age of 19 when they will qualify for the 3.50 rate, and is exempt for the first year of apprenticeship if aged 19 to 25 years. Apprentices must be paid the NMW once they turn 26. If the apprenticeship ends before their 18 th birthday then they qualify for the 3.50 rate from that date. Example 1: Apprentice starting at age 16 A young worker starts a four-year apprenticeship at 16 years old. The national minimum wage does not apply for the first two years of the apprenticeship because 16- and 17-year-olds are exempt. At 18 years of age, in the third year of the apprenticeship, he would normally be entitled to the national minimum wage but he does not need to be paid the national minimum wage if he is still an apprentice. It is not until the fourth year of the apprenticeship when reaching the age of 19, that the apprentice must be paid at least he hourly rate of For further guidance see A Detailed Guide to the National Minimum Wage chapter 5. Apprentices as far as the national minimum wage is concerned are either: Workers who have contracts of apprenticeship; or Workers who are taking part in the specific Government training programmes known as National Traineeships (England and Wales), Skillseekers to SVQ level 2 or 3 (Scotland), Jobskills Traineeships (Northern Ireland) or Modern Apprenticeships including Foundation and Advanced Modern Apprenticeships (anywhere in UK). Contracts of Apprenticeships A contract of apprenticeship was recently defined by the Court of Appeal as a contract in which a master undertakes to educate and train the apprentice in the practical and other skills needed to practise a skilled trade (or profession) and the apprentice binds himself to serve and work for the master and comply with all reasonable directions. Generally speaking, it will be a written contract which should specify the rights and obligations of both the employer and the apprentice; what training is to be provided and to what level; the length of the apprenticeship and the rates of pay. But in the event of a dispute as to whether any particular contract is a contract of apprenticeship, it must ultimately be a matter for the courts or tribunals to decide. A copy of the contract must be held by the Trainer, the Apprentice and British Dressage. A draft contract is available form British Dressage if required. Length of Contract and Targets/Qualifications A Contract will be for a minimum of 12 months. The Trainer should assess the Apprentice prior to offering a Contract and agree an achievable target within the period of the Apprenticeship including any formal qualifications/examinations. Aim

3 To provide an officially recognised apprenticeship system for dressage as a career by the National Governing Body. The scheme will be run on lines laid down by the DTI in A detailed guide to the National Minimum Wage. This document is available as a pdf file at: Implied Aims To provide a first stepping stone for young people intending to make a career for themselves in the dressage industry whatever their eventual intended path. It is hoped that by going down the BD Apprenticeship system that this will help steer young people towards their longterm goals whether this be a groom/a competition rider/a horse trainer or a combination of these. Time Scale The apprenticeship will run for a length of time predetermined between trainer and apprentice. This must be for a minimum of 1 year. Certification At the end of the apprenticeship apprentices will be assessed by an external assessor at a cost of 100 and awarded a certificate by British Dressage as long as the required standard is achieved. Achievement standards are shown under Annex C. Application process Riders wishing to take up an Apprenticeship placement must be put forward by an approved trainer using Annex E of the Apprenticeship Document enclosing the application fee of 50. (please see the relevant paras below ref Approved Trainers and Registration as an Approved Trainer). Approved Trainer Prior to acceptance as a British Dressage Approved Trainer, the Apprenticeship Scheme Approval Panel (consisting of one member of the Training Committee and one member of the BIDTF) must be satisfied that the Trainer will uphold the principles of training and horse welfare, and is capable of training to the required standard. Trainers wishing to become approved should complete the application form at Annex D. All Trainers applying to be Apprenticeship Scheme Approved Trainer must already be registered on the British Dressage Trainers Database. During periods of absence from the yard or place of training the Approved Trainer must ensure that a suitably qualified/experienced person is available to oversee the Apprentice. This person should be named on the Application to become a BD Approved Trainer (Annex D) wherever possible. Registration as a BD Approved Trainer Trainers from the International Trainers Foundation, those who are 25 years and over and those who are listed in the British Dressage Trainers Database will be eligible to apply to be an Approved Trainer. Applications should be supported by 3 references from professionals within the Equine Industry.

4 To be accepted as an Approved Trainer for the purposes of the scheme, the trainer must fulfil the above criteria, demonstrate that adequate facilities are available and that there are sufficient suitably qualified staff members to ensure apprentices receive an adequate level of training and supervision during the apprenticeship period. Apprentices are not employees and must not be asked or expected to accept the responsibilities or demands of employees. Different types of establishments will offer varying opportunities and each application for registration as an Approved Trainer will be considered on its merits, but the following guidelines apply: 1. The Trainer must provide a suitable range of horses and facilities to ensure apprentices receive training for the standards they are working towards. 2. The apprentice must keep a log-book throughout the apprenticeship detailing work and experience, and targets set and reached. The log-book should be checked and signed weekly by the Trainer, who should also set tasks and targets for the coming week. This log book must be forwarded to British Dressage on completion of the term of Apprenticeship before the assessment can take place. 3. The Approved Trainer undertakes to abide by the Contract of Apprenticeship and to notify British Dressage, in writing, of any disciplinary issues, or if it becomes apparent that the Apprentice is unlikely to meet the agreed training targets. 4. The Trainer must have the correct Insurance cover, have attended a Child Awareness course (if working with those under 18 years) and have completed a personal disclosure form (a copy of which must be sent to British Dressage). 5. The Trainer should hold a current First Aid Certificate. 6. The Trainer must be a British Dressage Trainer (listed in the British Dressage Trainers Database booklet). Assessment process The Approved Trainer must before accepting an apprentice, conduct an assessment of the individual s stage of training. It is the Approved Trainer s right at this stage to refuse to accept the individual as an apprentice but this must be confirmed in writing to the individual within 7 working days, stating clearly why the Trainer is not willing to accept the individual. This letter should be copied to the British Dressage. Having accepted an apprentice it is the Trainer s responsibility to decide what is the best course for that individual s training needs and what the time frame must be. This will be agreed in contract form between the Trainer and the Apprentice. A copy of this contract must be sent to BD at the beginning of the Apprenticeship period (including the three month trial period). Trial Period

5 There will be a trial period of 3 months at the commencement of every British Dressage Apprenticeship. The aim of this trial period is to ensure that the Apprentice is capable of fulfilling the training as laid down in the contract. If at any stage during this 3 month period either the Approved Trainer or the Apprentice wish to terminate the Apprenticeship this may be done. In the eventuality that an Apprenticeship is either in danger of terminating or is terminated, the Approved Trainer must inform British Dressage. Disciplinary Procedures If an Apprentice fails to fulfill his/her obligations under the Contract of Apprenticeship following a verbal warning, the Approved Trainer should issue a written warning, detailing the failures or misconduct of the Apprentice. These should be discussed fully with the Apprentice who should be asked to sign a copy of the warning, which must be retained by the Approved Trainer and copied to British Dressage. If the Apprentice refuses to sign the warning, either because he/she believes it to be unfair or because he has a grievance against the Approved Trainer, he should complete the Apprentice s Appeal form (available from BD). This must be sent to the British Dressage Office. Apprenticeship Scheme Contract (a draft contract is available from British Dressage if required) It is essential that terms below be agreed between the Approved Trainer and Apprentice and must be included in the contract. a. Financial arrangements b. Days off c. Accommodation/Feeding d. Training - Mounted/Dismounted e. Working Hours f. Livery terms if rider has horse g. NIC if applicable In addition, extra clauses may be added if required. A copy of this contract MUST be sent to British Dressage, signed by both the Approved Trainer and Apprentice prior to the commencement of the apprenticeship. An apprenticeship, which commences prior to the receipt of a copy of the contract by British Dressage, may be deemed null and void. This will then become the contract between the Approved Trainer and Apprentice; as with any contract the terms may be altered during the life of the contract providing both parties are in consent. Any changes must not compromise the Aims of the Apprenticeship Scheme. Benefits in kind and accommodation See Annex A for Copy of Chapter 9 of DTI publication A Detailed Guide to the National Minimum Wage.

6 Working Time Directive and Working Hours Regulations a) Rest. Workers have a right to 24 hours uninterrupted rest in seven days, eleven hours uninterrupted rest in every 24 hour period. A rest break of 20 minutes after 6 hours. b) Working, An average maximum of 48 hours over 7 days in a 17 week reference period may be worked. c) Annual Leave. Annual paid holiday leave (where apprentices are paid) of 20 days in any holiday leave year. d) Adequate records must be kept by the employer to show that these limits and requirements have been met for each worker. These must be kept for 2 years from the date on which they were made. Review The Apprentice s progress should be reviewed at regular intervals by the Approved Trainer. This should be at least every 6 months on a pre-agreed date. If at this stage the Apprentice is not achieving the standards required and agreed by the Approved Trainer this must be recorded. If at any stage during the apprenticeship the Apprentice fails to meet the agreed standards or targets this must be recorded. If there is no improvement the apprenticeship may be terminated. Entry Level There is no set entry level to the scheme. The key is that the individual has demonstrated a desire to make a career for themselves in the Dressage industry. They must be members of British Dressage and be resident in the UK.

7 ANNEX A Extracts From A Detailed Guide To The National Minimum Wage Published By DTI 9: Benefits in kind and accommodation Treatment of benefits in kind 104. No benefits in kind count towards national minimum wage pay, except accommodation. The special rules on accommodation are explained in paragraphs It makes no difference whether a value is attached to the other benefits that do not count. Neither does it make any difference whether the benefit is taxable or not. It remains open, of course, to the employer to offer such benefits to the worker. But, if he does, the value or notional value of the benefits cannot be counted towards national minimum wage pay. Box 12: Examples of benefits in kind that do not count: Meals Luncheon vouchers Fuel Car Employer s contribution to the worker s pension fund Assistance with removals Medical insurance Only accommodation can be counted towards national minimum wage pay, with the limits explained below. Meals do not count towards national minimum wage pay 106. Meals do not count towards national minimum wage pay and an employer cannot offer meals as part of a package that makes up National Minimum Pay. This does not mean that employers who already charge for meals will have to stop charging, for example, in a staff canteen. An employer could require a worker to eat in the staff canteen and then deduct an amount automatically for meals. But if he did, any such deduction would not count towards national minimum wage pay (see also paragraphs 83, 86 and 98) If an employer who had not previously charged for meals wishes to do so, the same principle applies as in paragraph 106. If the employer automatically deducts an amount for meals, that deduction does not count towards national minimum wage pay, and the worker must still receive the national minimum wage in addition to the meals. The employer can offer the meal for a charge but cannot require the worker

8 to purchase it. It will be for the courts and tribunals to judge whether a worker has been forced to buy meals in any particular case. Treatment of accommodation 108. Accommodation is the single exception to the rule about benefits in kind. When an employer provides accommodation for a worker (for example, hotel workers, workers in holiday camps), it is the only benefit in kind that can count towards national minimum wage pay. Sometimes, an employer may make a specific deduction for accommodation from the worker s pay; or he may charge a specific amount once the worker has received his pay. Other employers may not do either, but simply provide accommodation on an uncharged basis as part of a package. In all these cases, the rules allow accommodation to count towards national minimum wage pay There are special rules for calculating how much can be counted towards national minimum wage pay for the accommodation that is provided. These are explained in paragraphs How to calculate the accommodation offset 110. There is a limit on the amount that an employer providing accommodation can count towards national minimum wage pay This is calculated according to either an hourly or daily rate. The rates are set out in box 13 below. The employer must use whichever is the lower figure produced by either calculation. Generally speaking, the hourly-rate calculation will apply for workers who do fewer than 40 hours a week; and the daily-rate calculation will apply for workers who do 40 hours a week or more Whichever calculation is used, the amount that can count towards national minimum wage pay must not be greater than a week. Box 13: Rates for calculating the accommodation offset A. Hourly rate: 57p for every hour of work in the pay reference period. The total must be reduced proportionately for each day in the pay period that accommodation is not provided. B. Daily rate: 3.25 for every day accommodation was provided in the pay reference period. Total applicable offset: Maximum offset: The lower amount from A or B a week.

9 113. The following example explains the calculation in more detail. Example 12: Calculating the accommodation offset A worker works 28 hours a week but accommodation is not provided for one day in that week. A.Hourly-rate calculation The amount that can be deducted from pay is: 28 x 57p= From this must be subtracted an amount for the one day on which accommodation was not provided. The amount to be subtracted will be one seventh of 15.96, which is Under the hourly-rate calculation, the amount which may count towards national minimum wage pay is B.Daily-rate calculation The accommodation is provided for 6 days a week. Under the daily-rate calculation, the amount which may count towards national minimum wage pay is 6 x 3.25= For this worker, the total offset for accommodation which can count towards national minimum wage pay is the lower figure of produced by the hourly-rate calculation An employer may charge or deduct more than the maximum permitted accommodation offset of from a worker s pay. But the excess amount above the maximum permitted accommodation offset will not count towards national minimum wage pay.

10 ANNEX B British Dressage Apprenticeship Scheme Draft Certificate Of Competence Apprentice s name: Trainer s name: Period of Apprenticeship: Achievements during Apprenticeship period (to include key competition results of rider); Written report on rider Stable Management Riding Other Signature Date Name of Assessor Place of Assessment

11 ANNEX C Areas of Competence for British Dressage Apprentices In order to be eligible for a certificate the Apprentices must have achieved competence in the following areas: Category Curriculum Assistant Stable Manager Stable Manager (Bronze) Assistant Trainer (Silver) Trainer (Gold) Stable Management Riding Theory Riding Practice Able to run a small yard under supervision Understand the systems of the horse Exercise supervised Able to run a small yard unsupervised Be able to instruct the systems of the horse. Understand ref fitness and soundness Exercise unsupervised Able to assist in management of large dressage yard Assist with fitness and soundness Training Dressage horses to AM standard supervised Instructing NA NA Supervise riders exercising dressage horses Young Horse Assist with handling and backing of Young Horses Handle and backing Young Horses unsupervised Training of Young Horses under supervision Able to manage large dressage yard Manage fitness and soundness Training Dressage horses to PSG standard unsupervised Supervise and instruct riders training dressage horses, including Young Horses Training Young Horses Please note that only the Assistant Stable Manage level is available at the moment. A full list of the requirements for this level can be obtained from the British Dressage office and will also be shown in the logbooks.

12 ANNEX D Application for Registration as a BD Approved Trainer Name of Applicant... Address: Post Code... Telephone - office hours... After hours... Type of Yard:... Number of places available. Age of Trainer:. Name of person to have responsibility for Apprentice in BD Approved Trainer s Absence Position What supervision will exist in the absence of the Trainer? How many horses and what level of horses will be available for the Apprentice to ride? Please tick to show that the following are in place/have been implemented: Full insurance cover First Aider on the Yard Personal Disclosure Form sent to British Dressage Risk Assessment Child Protection Certification (for those working with Under 16 yrs) The Disciplinary Rules applicable to the Apprentice are set out in the Apprenticeship Scheme document. If the trainer has their own additional rules governing acceptable conduct, these should also be set out here (or the trainer s own rules/contract of employment should be attached) Any terms and conditions relating to incapacity for work due to sickness or injury, including any provision for sick pay... Insurance. Please provide copy of Liability Insurance Certificate: Name of Insurer

13 Limit of indemnity Public Liability - Employers Liability Renewal Date I have read and agree to abide by the conditions contained under Registration as a BD Approved Trainer. I realise that I could face disciplinary action should any of this information prove false.... Signed by Trainer Date... Please return this form accompanied by three references from professionals within the Industry.

14 ANNEX E Application Form for British Dressage Apprenticeship Scheme This document must be completed and sent to BD by the Approved Trainer and accompanied with a registration fee of 50. Name of Approved Trainer.. Apprentice Details: Name of proposed Apprentice. Address Tel No. Date of Birth. Any existing equine related qualifications.. Date assessment carried out. Proposed Length of Apprenticeship Proposed Date of Commencement. Signature of Approved Trainer.. Date.. Signature of Proposed Apprentice Date. Signature of British Dressage Representative Date.. FOR OFFICE USE Approved Not Approved Payment Received Contract received on.... Apprentice Reference Number Date of Commencement.. Length of Term... Date of Review