The Complete Guide to the Construction Apprenticeship Scheme

Transcription

1 The Complete Guide to the Construction Apprenticeship Scheme What is the Construction Apprenticeship Scheme? The Construction Apprenticeship Scheme (CAS) is a registration scheme offering a formal apprenticeship to individuals following a craft technical career in a construction-related occupation. CAS is owned by the construction industry and administered by the Construction Industry Training Board (CITB). CAS is mainly aimed at school leavers entering the construction industry for the first time, but is open to all ages. The Scheme operates throughout England and Wales. The scheme is well regarded by the Industry in providing a measure of protection and commitment to apprenticeship programmes. As well as an important step in attaining financial support through the Grant Scheme. CAS provides both the employer and the individual with a formal contract using a Deed. The Deed itself covers such things as employment, structured training towards a National Vocational Qualification (NVQ) and it s framework in the chosen occupations and the relevant time period, usually a minimum of two years for those entering the industry for the first time. The deed complies fully with the Apprenticeships, Skills, Children and Learning Act 2009 and additions from the 06th April Contents Page 1 - Page 2 - Page 3 - Pages Page 8 - Pages Introduction and Contents What does CAS provide? Responsibilities and How to register Scheme Rules Employer FAQ s Apprentice FAQ s Page 1

2 What does CAS Provide? CAS has the support of the following key industry federations and unions, thus demonstrating a whole industry commitment towards the training and retention of new entrants into construction. Construction Confederation Construction Plant-hire Association Contract Flooring Association Federation of Master Builders Flat Roofing Alliance Glass and Glazing Federation Mastic Asphalt Council National Association of Shopfitters National Federation of Roofing Contractors National Specialist Contractors Council Thermal Insulation Contractors Association Union of Construction, Allied Trades and Technicians Transport and General Workers Union Unite the Union Department for Education (DfE) Who Benefits? Everyone benefits; employers and apprentices sign a formal Deed committing to each other for the period of training. All parties know exactly where they stand from day one. Page 2

3 Responsibilities The employer will: uphold and adhere to the Scheme rules provide proper supervision and training for the apprentice, in a safe manner, in all areas of work in the chosen occupation allow the apprentice to attend formal off-the-job training if required. The apprentice will: uphold and adhere to the Scheme rules endeavour to acquire the necessary skills and knowledge in their chosen occupation observe all safety advice and follow safety procedures attend formal off-the-job training courses as required to underpin site training and experience. The CAS Management Committee will: manage the Scheme on behalf of industry promote the Scheme at every opportunity make recommendations in the best interest of all parties enhance and improve the Scheme in line with the legislation and custom and practice. The CITB administer the scheme on behalf of the industry. How to Register There are two principle ways to register an apprentice: 1. Employers who are already registered and in-scope to CITB and who wish to claim training grant for an individual will automatically receive an application to register for CAS, when they apply for CITB grant support. 2. Employers who are not registered with CITB i.e. a local authority or housing trust should request a form in writing and return it to CAS, Shared Services, CITB, Bircham Newton, Kings Lynn, PE31 6RH. By signing this form, you are also confirming that you have obtained the apprentice s parent s/legal guardian s consent to pass this information to the CITB. Once applications have been processed, CITB will send the employer Apprenticeship Agreement for completion and signature. For those employers not registered to CITB, you will need to return the signed Deed together with a cheque or postal order for the Registration Fee of 25, payable per apprentice, by the employer. If you need help regarding the registration process, please contact the CAS Helpdesk on Page 3

4 Scheme Rules Title The scheme shall be called the Construction Apprenticeship Scheme (hereinafter referred to as the Scheme ) Purpose The purpose of the Scheme shall be to encourage employers to undertake formally train their apprentices under a Deed until competent in the chosen occupation. Management Committee The CAS Management Committee is a Sub-committee of the CITB Training Committee and comprises of representatives from industry federations, trade unions, employers and CITB staff. The administration of the Scheme shall be delegated to: CITB, Bircham Newton, King s Lynn, Norfolk, PE31 6RH. Registration The apprentice shall be registered under the terms and conditions of the Apprenticeship Agreement approved within the provisions of the Construction Apprenticeship Scheme. Engagement The apprentice shall be engaged by the employer. Page 4

5 Training The employer shall: provide a proper and safe training environment in all areas of work in the occupation of the apprentice enrol the apprentice on an off-the-job programme of study leading towards a National Vocational Qualification and pay the course fees if applicable register the apprentice for the appropriate NVQ and pay the registration costs if applicable allow the apprentice to attend appropriate off-the-job training where relevant without prejudice to the terms and conditions of employment employ the apprentice only on work required to give a thorough knowledge of the occupation. The apprentice shall: endeavour to acquire the knowledge, skills and qualifications of the chosen occupation observe and follow all safety rules, procedures and instructions attend formal off-the-job training where appropriate be punctual at all times and not be absent from work or off-the-job training without good reason not wilfully waste, damage or injure the property, materials or goods of the employer or any person whose property they shall be working on; or knowingly suffer the same to be done not undertake work of any kind on their own account for another party without prior agreement or approval of the employer have the right to make representation to the CAS Management committee over the provision of training under the Agreement. Transfer In the event of the employer discontinuing business or being prevented from continuing the training of the apprentice, the matter shall be reported immediately to CITB. The employer is responsible for assisting with the placing of the apprentice elsewhere for training to be completed. CITB will also endeavour to assist. Period of apprenticeship The period of apprenticeship shall be a minimum of two years. This may be extended if your employer gives 1 months notice on the contract of employment to allow the apprentice to achieve an NVQ Level 2 or Level 3 in their chosen occupation. The apprenticeship period may only be shortened upon certain circumstances, which will be determined by the employer and/or CITB. Registration period There shall be a registration period not exceeding nine months during which period the apprentice shall be registered under the Scheme. The CAS Management Committee has discretion to allow retrospective registration. Page 5

6 Terms and Conditions of Employment The terms and conditions of employment are those agreed by the employer; apprentice and parent/guardian at commencement of training for the individual. Such terms and conditions will be incorporated as an appendix to the Deed when registration is complete. Redundancy and Unfair Dismissal Pursuant to section 197 (3) of the employment rights Act 1996 the rights apprentice to a redundancy payment on the expiry of the Agreement is excluded. The apprentice shall have no right to claim unfair dismissal where such dismissal consists merely of the expiry of the period of time set out in the contract for duration of the Agreement. Termination The Deed may be terminated by mutual agreement by all parties at any time prior to completion, subject to one month s notice period. Intercession CITB, as administrators of the Scheme, may intervene if the following circumstances arise: the apprentice ceases to be employed by the employer and the Scheme is unaware of any mutual agreement to terminate the apprenticeship; and/or there are no actions for breach of contract (either current or pending) by either party. The intercession will be for the benefit of the apprentice to enable cancellation of a current Agreement to enable transfer to complete the apprenticeship. Completion Completion of the apprenticeship training programme is deemed successful upon completion of the aforementioned apprenticeship framework. Page 6

7 The Terms and Conditions of Employment are determined by employer and the apprentice Guidance on how to produce terms and conditions of employment. The terms and conditions of employment provide details of the apprentice s employment and constitute an appendix to the Apprenticeship Agreement and are determined between the employer and the apprentice and form a written record of what has been agreed to by all parties. The employer is required by law to provide the written statement within 2 months of the apprentice startiing - preferably this should happen on the apprentice s first day. Specific information is mandatory for inclusion: name of employer and apprentice date employment and continuous employment began job location pay/ wages rates working hours holiday entitlements and job description/job title details of any collective agreements that directly affect the apprentice(s) Apprentices can be referred to other documents for information such as sickness provision, pensions, notice periods and certain disciplinary or grievance matters. It is preferable in a small company to put all the terms and conditions in one document. The Advisory Conciliation and Arbitrations Service (ACAS) publish a self-help guide called Producing a Written Statement which gives clear guidance to employers. The publication includes an example of a written statement and can be obtained via your local ACAS office. Wage Rates Wage rates are a matter for the employers, apprentice and the apprentice s parent or guardian to agree. Many industry organisations have rates of pay applicable to apprentices and can advise employers on such matters. Page 7

8 Employer FAQ Is a CAS Deed a legal document? Yes an agreement that has been signed by all parties and lodged with CITB becomes a legal agreement under common law. Can the Agreement be cancelled at any time? Yes- but only if all parties are in agreement What would happen if only one party wanted to terminate the CAS Agreement? The Agreement cannot be summarily terminated and the party concerned would have to formally appeal to the CAS Management Board. What happens if either party has a grievance involving the terms and conditions of the agreement which cannot be resolved? Enquires should be addressed to the Secretary of the CAS Management Committee, Secretariat, CITB, Bircham Newton, King s Lynn, Norfolk, PE31 6RH. What would happen if my apprentice left? If the apprentice leaves your employment without good reason you have the right to sue for breach of contract under civil law. What happens if the apprentice doesn t perform? The CAS Agreement is not the employment contract, therefore it does not govern how you performance manage your apprentice. The common law position was altered in the 2009 Apprenticeship Act which brought apprentices into line with other employment relationships. This meant that when your apprentice fails to perform you are able to take them through your own internal performance management procedures as you would any other employee. Are Specialist Apprenticeship Programmes included with the CAS Agreement? No, the agreement operates only for those who are specifically training towards NVQ Level 2 and 3 What is the difference between with the Apprenticeship Agreement after the 6th April 2012? For all Apprenticeship that commenced on or after the 6th April 2012, the requirement to be employed under the Apprenticeship Agreement is a condition for the completion of an Apprenticeship. Without this an Apprenticeship Certificate cannot be issued. Do I need to change my old deed over for a newly updated version from 1st October 2012? This is not necessary. The Apprenticeship Act 2009, states that all vocational specifications and frameworks predating the Act will remain valid for the duration of the agreement and the slight change from 06th April 2012, ensures any performance issues can be dealt with in house. Can the period of the apprenticeship be shortened or lengthened? The updated CAS Deed is for a fixed term period. However, it does, within section 2 (of the deed) refer to both parties being able to terminate or extend the deed if required. Page 8

9 Apprentice - FAQs Can my CAS Agreement be terminated? Yes but your employer must follow procedures within your terms and conditions of employment and any other procedures of a disciplinary nature. If your employer breaches these procedures, you have the right to appeal against your Agreement being terminated. Appeals should be lodged with the Secretary of the CAS Management Committee, Secretariat, CITB, Bircham Newton, King s Lynn, Norfolk, PE31 6RH. What happens if my employer can no longer offer relevant training or ceases trading? The employer can terminate the Agreement. If your employer ceases to trade he/she can have the Deed Cancelled. However, your employer is responsible for trying to place you elsewhere so that you can continue your training. CITB shall also endeavour to assist. What do I do if I want to change my trade? Cancellation of your first Deed must be by mutual consent between all parties. Am I signed up from day one? The employer must employ you from day one. However, there is a registration period allowed for all parties to be able to complete the Agreement and return it to be lodged at CITB Record Centre. Who pays for the college training? It is your employer s responsibility to pay for college fees. However, if you are under CITB Managing Agency, they will pay the college fees on behalf of the employer. Page 9

10 Apprentice - FAQs (Continued) Why does the Deed mention both the apprenticeship and framework? The NVQ is not the complete qualification. You will additionally need to complete functional skills in Maths and English, a Technical Certificate and an ERR (Employment Responsibilities and Rights documentation), before you have achieved the full qualification for your work. If for any reason I had to take off a significant length of time from work, would I still be able to return afterwards and complete my qualification? Under normal circumstances, this should not be a problem. However, this will need to be discussed with your employer. Why do I need a Code of Conduct? A Code of Conduct is good practice and merely a set of ethical standards that both you and your employer should observe during your training. It is not a binding legal document and should be used as a guide. Is the Deed a contract of employment? No you will be issued with a separate Contract of Employment. You must receive this document within 8 weeks of your start date, however, we would recommend that this is requested by you on your first week, if it does not materialise on your first day. The Deed is a legal agreement between you and your employer and relates to the The Apprenticeship Skills, Children and Learning Act What happens at the end of the apprenticeship period? Your employer should notify us of your completion and we will return to you your completion certificate. What happens to my apprenticeship if I change employers? The Deed details will be transferred to your new employer and you will continue with your apprenticeship. We will update our data systems to keep a track on your apprenticeship. Does the CAS agreement have any involvement with the working time directive? The agreement serves only to ensure the employer and apprentice have an agreed joint working arrangement specific to the training the apprentice is carrying out. For information on the working time directive, you should contact your employer for clarification. Page 10