Employer– FAQs (frequently asked questions)

See below for a list of frequently asked questions to help employers on the Construction Apprenticeship Scheme

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:

Secretary of the CAS Management Committee
Secretariat
CITB
Bircham Newton
King’s Lynn
Norfolk
PE31 6RH.

What would happen if my apprentice left?

It really depends on why they left.  The relationship between you and your apprentice is governed by a combination of the CAS agreement, the contract of employment (if one, as it should, exists) as well as any rights implied by law.  The employer-employee model prevails, subject to specific variations.  On that basis, it is probably best to seek specialist employment law advice to establish your options.

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 means when your apprentice fails to perform you are able to take them through your own internal performance management procedures as you would with any other employee.

Are Specialist Apprenticeship Programmes included with the CAS Agreement?

No. The agreement only operates for those who are specifically training towards NVQ Level 2 and 3.

What is the difference with the Apprenticeship Agreement after 6 April 2012?

For all apprenticeships that commenced on or after 6 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 1 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.

The slight change from 6 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.

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