Swift Terms and Conditions of Engagement
1. Terminology:
1.2. Where “Client” is mentioned, this refers to any employer or potential employer of the Academy Apprentices who has engaged with Swift for the purpose of recruiting an apprentice
1.3. Where “Candidate” is mentioned, this refers to any apprentice candidate who’s CV has been provided to the client, has been booked for or has attended an interview with the client, has been offered or has started employment with the client
1.4. Where “Apprentice” is mentioned, this refers to any apprentice candidates that have been provided by the Academy and employed by the client or any employee of the client that has applied and successfully been inducted and enrolled onto a Swift apprenticeship programme.
2. Scope:
2.1. These terms and conditions set out how the Academy will work with the client to support the recruitment, training and assessment of the Academy candidates and Apprentice(s)
2.2. A client engaging with the Academy to provide recruitment and / or training services including, but not limited to short listing candidates, the provision of candidate CVs, interviewing candidates or the hiring of candidates as an apprentice assumes full acceptance of these terms and conditions.
3. Recruitment Process:
3.1. The Academy shall:
3.1.1. Work with the client to understand their recruitment needs and to support them in the selection and recruitment of their Apprentice
3.1.2. Provide the client with candidate CVs who best fulfil the clients Apprentice recruitment requirements
3.1.3. Assist in organising and facilitating candidate interviews and candidate work trials as appropriate
3.2. The client agrees:
3.2.1. To provide feedback to the Academy on the suitability of candidates within 5 working days of the interview/ work trial
3.2.2. To inform the Academy if and when an offer of employment is to be made to a candidate
3.2.3. To ensure, should a candidate be made an offer of employment, that such employment will be full time and compliant with employment Law including:
• Providing the apprentice with a contract of employment for full time work of no less than 30 hours per week
• Paying the apprentice the national apprenticeship minimum wage as governed by UK law (The Academy can provide the client with current wage rates if requested). Swift would recommend that clients pay apprentices the national minimum wage as a minimum.
For more information on UK wage rates please see: https://www.gov.uk/national-minimum-wage-rates
4. Apprenticeship start and sign up process:
4.1. The client agrees:
4.1.1. To assist in the completion of a workplace health and safety assessment, as required by the Education and Skills Funding Agency, prior to the candidate commencing work.
4.1.2. To assist the Academy in the completion of all required apprenticeship start documents prior to the candidate commencing work. This includes an apprenticeship commitment statement (this process is a one off activity and shall take no longer than 1 hour)
4.1.3. To ensure the necessary funding has been reserved via the government digital account service or levy account
5. Post-Employment:
5.1. The Academy shall:
5.1.1. Provide the Apprentice with high quality training and development as per the Apprentice’s delivery plan and ensure that progress is made and recorded every month.
5.1.2. Manage the induction, assessment, registration and certification with awarding bodies in real time
5.1.3 Conduct regular progress reviews with the apprentice and employer representative.
5.1.4. Manage all documentation in relation to funding and compliance associated with the nationally funded apprenticeship programme
5.2. The Client agrees:
5.2.1. To allow monthly on site and/or remote access to the Tutor for the purpose of work placement assessment, observation and conducting apprentice progress reviews
5.2.2. To attend client site and/or remote Apprentice reviews (conducted every 8 weeks)
5.2.3. To release the Apprentice for all offsite and/or remote (Academy) training, exams and assessment session as per the Apprentice’s delivery plan
5.2.4. To pay the Apprentice at their normal working rate for all (Academy) training, exams and assessment sessions as set out in the Government guidance for employing apprentices
5.2.5. To ensure Apprentices are subject to the Employers own Conditions of Employment, including probationary periods, disciplinary processes and HR processes and procedures. Dismissal of an Apprentice by the Employer must be in accordance with Employment Law and the Academy staff must be informed within 24 hours
5.2.6. To allow on site and/or remote access to the Apprentice by awarding bodies and funding partners for the purposes of quality assurance where required
5.2.7. To inform the Academy of any unauthorised absence or any difficulties they are having with the Apprentice so as to allow any issues to be mutually resolved at the earliest convenience
For full terms please refer to the signed Contract for Service in place between Swift and the Client
6. Fees and Payments
6.1. In line with the UK Government Apprenticeship Levy employers may be required to make a contribution to the cost of the apprenticeship training. In summary:
6.1.1. Employers with fewer than 50 employees and a salary bill of less than £3 million, training an apprentice aged 18 or under, will access all Swift services free of charge.
6.1.2. Employers with more than 50 employees but a payroll of less than £3 million will be required to make a 5% contribution for all apprentices irrespective of age
6.1.3. Employers with a payroll of more than £3 million will pay for their apprenticeship services through the government Levy scheme
6.1.4. Employers who do not pay into the apprentice levy will be required to set up an account on the Government Digital Account Service and reserve funds for Apprentices recruited.
6.2. Employer contributions will be invoiced as a single upfront payment
6.3. In the event of one of both of the following instances:
- the client hires a candidate and does not allow for the candidate to be inducted as an Apprentice with the Academy
- the client does not release the Apprentice for induction, training or assessment as per their schedule of learning resulting in the apprentice being withdrawn from the apprenticeship;
- the client agrees to pay the Academy a fee equal to the government published funding rate for that apprenticeship, for each candidate, payable within 30 days of invoice
6.4. The client agrees not to withdraw the Apprentice from the apprenticeship programme with the Academy until such a time as the Apprentice has completed the apprenticeship programme. Programme length of stay varies, dependant on programme type. Should this occur the client agrees to pay the Academy a fee equal to the remaining period of funding of the government published funding rate for that apprenticeship, for each candidate, payable within 30 days of invoice