Back to Work Employer Financial Incentives
Back to Work Community Jobs Fund
Guidelines
Back to Work
Working for Jersey, working for you
Introduction
The Community Jobs Fund has been designed to create fully subsidised community benefit jobs for registered jobseekers who are locally qualified for work and in the groups most disadvantaged by the current economic climate.
Employers in the private, charitable or third sectors or the parishes can apply to the Community Jobs Fund, provided that they can demonstrate that the role has a clear additional community benefit over and above the organisation’s current provision.
The key objectives are to:
- Bring those furthest from the job market closer to securing long-term sustainable unsubsidised employment.
- Build skills and work experience.
- Enhance the employability and in-work skills of the target groups, who have been out of work for at least six months.
- Provide manpower and resources to do work that has additional benefit to the community of Jersey in a broad range of areas.
Community Jobs Fund - Eligibility:
Qualifying employers:
- Any employer registered in Jersey. This includes private sector organisations, parishes, States-owned utility companies, charities and not-for-profit organisations.
Excluded employers:
- Any employer where the role does not demonstrate a community benefit.
The Community Jobs Fund has the right to refuse any role with any employer at their discretion, should it not meet their eligibility criteria.
The employer must be able to demonstrate:
- That additional community benefit is created as a result of the job (see Appendix A for job acceptability criteria)
- That the role is clearly defined in terms of duties and responsibilities and will enhance the employability of candidates.
- That there is sufficient work for the employee to work for a minimum of 20 hours a week for a minimum period of 4 weeks.
As an employer under the Community Jobs Fund you will:
- Employ candidates (under your usual terms and conditions) for a fixed term or permanent position if a long term role is available (although Community Jobs Fund funding is available for a maximum of 6 months).
- Provide the successful candidate with a contract of employment. Support with contracts and other employment issues is available to small organisations who require assistance.
- Provide training, development opportunities and support for individuals to move into long term sustained employment – while in subsidised employment under the Community Jobs Fund. Whilst it is recognised that many Community Jobs Fund roles will not be sustainable once funding runs out, so it is important that employees do not lose focus of their future development and job seeking for the next step.
Qualifying candidates:
Candidates put forward by Back to Work for Community Jobs Fund jobs will be locally qualified, and registered as actively seeking work (or active clients of the Jersey Employment Trust) for a continuous period of 6 months.
Excluded candidates:
- Any person who falls out of the above target groups for this scheme.
- Any person who is either not locally qualified to work or who is not registered as actively seeking work (for the time durations specified above).
- Non-EU nationals whose visa does not allow them recourse to public funds are excluded.
- Any candidate who is deemed unsuitable for the Community Jobs Fund by Back to Work.
Providing roles fall within the job eligibility criteria, Back to Work will:
- Fund successful bids at minimum wage (plus employer’s Social Security contributions) for up to 35 hours a week (minimum of 20 hours a week) for up to 6 months (minimum of 4 weeks), where as a result of the job, there will be additional benefit to the community. The funding will be provided based on the number of hours the employee is contracted to work. Employers can top up hours using their own funds should they wish to do so (for example up to 40 hours per week). Employers can pay a higher wage should they wish to do so by topping up the hourly rate the employee will be paid.
- Fund an additional non-wage expenditure allowance of up to £1,400 per role. This additional funding is designed to cover costs such as training, essential equipment and other wrap around support. In instances where jobs with a community benefit could be created but would require additional resources greater than the £1,400 outlined above, it would be expected that the employer would investigate alternative funding sources to support the project (for example other charitable support groups). However if the job creation could not go ahead without additional funding, an application for larger amounts could be made to Back to Work. Decisions on additional funding will then be made on a case by case basis.
- Work with the target groups (outlined above) to ensure they are prepared to take full advantage of the Community Jobs Fund employment opportunities and be an asset to employers.
- Provide a fully supported recruitment process to ensure the employer can select and employ the right candidate for their needs.
- Provide an in work support service whereby a Back to Work advisor will work closely with the employer and the employee once the employee has commenced the role. The advisor will help to ensure that any concerns or queries are raised at an early stage to help to ensure the smooth running of the programme.
The jobs
Jobs created under the Community Jobs Fund should not replace existing vacancies unless additional community benefit can be demonstrated as a result of the recruitment. The Community Jobs Fund recruitment must not lead to another individual (i.e. an employee or contractor) losing or reducing their paid employment.
Back to Work acknowledges the excellent work that is done and the hours that are given by volunteers and the Community Jobs Fund does not seek to replace or change this valid contribution in any way. Community benefit by the Community Jobs Fund role must therefore be ‘new’ and in addition to what an organisation is already able to provide through either existing salaried staff or volunteers.
Faith and politically based organisations are welcome to apply, but the promotion of purely religious or politically based beliefs cannot be the main focus of the organisation’s activities.
Benefit to the community
The community benefit of a Community Jobs Fund job must:
- Be of benefit to the community over and above the benefit of employment to the individual.
- Create directly, or significantly contribute to the creation of, additional and lasting benefit to the community, or particular groups or individuals within the community, over and above the organisation’s current provision. For example, if a charity shop already has six volunteers in place, turning these into paid roles would not be providing an additional community benefit on top of what is already taking place. These roles would therefore not be acceptable under the Community Jobs Fund scheme. If however, an additional role meant the shop could open longer and generate more funds for the charity, have an increased social media/marketing presence, enable more collections or deliveries than at present – this would then qualify.
- Be clearly demonstrated in the job description and be integral to the work that is done, as opposed to a ‘one off’ community benefit as part of a role where the regular duties do not have such benefits.
- At any stage during or after the role, Back to Work may request evidence to support the community benefit that has arisen as a result of the role.
Community Jobs Fund employment details
The Community Jobs Fund will include two funding streams as outlined below. The employer will be required to provide weekly timesheets of hours worked to Back to Work. In addition to monthly overviews of the employee’s progress, the employer will be in close contact with a Back to Work advisor who will provide in work support to both the client and the employer.
Salary costs and payment process:
- Salary costs will be paid weekly in arrears to cover salary and Social Security contributions up to a maximum of 35 hours per week for up to 6 months.
- Salary will be paid at minimum wage.
- Funding will be paid based on the number of hours the employee works per week (if an employee only works 20 hours per week, funding will be provided at minimum wage on this basis).
- Payments will be made weekly and within two working weeks by BACS directly to the company or organisation’s bank account.
- All timesheets have to be submitted to Back to Work within one month. Late timesheets will not be accepted.
Qualifying contracts of work
- Permanent contracts (although Community Jobs Fund funding is only available for 6 months).
- Fixed term contracts.
- Contracts of at least 20 hours paid employment per week.
Excluded contracts of work
- Any role which is already subject to grant aid or subsidy from another States of Jersey Department.
- Zero hour contracts.
Non wage costs:
- In addition to funding salary costs for Community Jobs Fund roles, funding may be available for an additional non-wage expenditure allowance of up to £1,400 per role. This additional funding is designed to cover costs for job specific requirements such as training, essential equipment or staff supervisory time. Funding may be available in advance of the employee starting work if it can be demonstrated that they will not be able to perform the role without the spend taking place.
- If you have employed someone through the Community Jobs Fund before and are applying for non wage expenditure for a new Community Jobs Fund role, repeat applications for items that have been previously funded may not be approved.
- In certain instances if it can be demonstrated that job creation cannot go ahead without funding greater than £1,400, an application for larger amounts can be made to Back to Work. Decisions on additional funding will then be made on a case by cases basis.
- Examples of acceptable and non acceptable spends under this fund are as follows:
Acceptable | Not acceptable |
- Specific training
- Equipment purchase
- Staff supervisory time
| - Contributions in kind
- GST
- Payments for activities of a political or exclusively religious nature
- Interest payments or service charge payments for leases
- Gifts or entertaining
- Payments for works or activities which the organisation has a statutory duty to undertake, or that are fully funded by other sources
- Bad debts to related payments
- Payments for unfair dismissal or other compensation
|
Funding available and timeframes for payment:
Community Jobs Fund funding | Funding available | When the payments will be made |
Salary (based on current minimum wage of £6.97 per hour + 6.5% employer contributions) | Per week (35 hours) | £259.80 | Weekly in arrears |
Per 4 weeks | £1,039.20 |
Additional non wage expenditure for 6 months | £1,400 | Funding may be available in advance of the employee starting work if it can be demonstrated that they will not be able to perform the role without the spend taking place. Otherwise applications may be made at any time during the 6 months. |
Maximum funding available per role (based on an employee working 35 hours per week for 26 weeks + £1,400 non wage expenditure) | £8,154.80 | As outlined above |
Additional types of pay
The Community Jobs Fund will cover salary costs at minimum wage for 20 to 35 hours per week for up to 6 months.
Additional payments such as top up to full time hours, an increase in hourly rate, overtime, bonuses, commission, tips, benefits in kind (e.g. car, uniforms etc) can still be paid to the employee at the employer’s discretion and own funding.
Outline process
- Employer submits application form.
- Back to Work assesses the application and if successful the application is then discussed with the employer (feedback will be provided on unsuccessful applications).
- Once job description has been finalised Back to Work will advertise the vacancy to target customers and then screen for potential candidates.
- Back to Work sends a selection of CVs to the employer.
- Employer notifies Back to Work of interview details and Back to Work arranges interviews directly with client.
- Employer provides feedback on the interviews. If candidates are successful contracts will be provided by the employer (with support provided if needed). A signed copy of all contracts will be sent through to Back to Work and the employer will provide Back to Work with any information as required for the Community Jobs Fund. If candidates are unsuccessful the employer provides feedback to Back to Work.
- Employer signs contract of engagement with Back to Work.
- Employer submits weekly timesheets and monthly overview of the employee’s performance to Back to Work. Back to Work pays salary costs weekly in arrears (inclusive of employer contributions) directly to the employer.
- Back to Work advisor provides in work support to employee and employer throughout the period of the role.
Legal position of employer
The employer will recruit candidates in accordance with their normal contract and terms and conditions. Standard probation and notice periods will apply and the employee will have statutory rights and responsibilities under the Employment (Jersey) Law 2003 and Discrimination (Jersey) Law 2013.
Employee sickness absence or unpaid leave
The employer will recruit candidates in accordance with their normal contract and terms and conditions. Should the employer not pay the employee for a period, e.g. unpaid leave or sickness absence, then the employer will not be able to claim a salary payment for this period.
If employment ends earlier than planned
Should the need arise, support will be available to employers through the Back to Work team to help the employee overcome any issues in the workplace. Advisors will be working closely with candidates throughout the duration of their role specifically for this purpose. Employers should contact the Back to Work team as soon as an issue arises.
In circumstances where employment cannot be sustained then the employer cannot continue to claim salary costs for the employee and in certain circumstances we may reclaim or request repayment of non wage expenditure.
Legal position of Community Jobs Fund
This is a non-statutory scheme. As such the terms of the Community Jobs Fund can be amended or withdrawn without notice at the discretion of the Minister for Social Security.
It is very much hoped that employers will use the Community Jobs Fund as intended. In particular, it is expected that employers will act in good faith and not release existing staff with the intention of replacing them with new employees under the Community Jobs Fund.
The Minister therefore reserves the right to:
- Restrict or refuse specific employers from having access to this or future schemes.
- Withhold or cancel payments to specific employers.
- Request additional evidence from the employer.
- Request evidence from the employee.
- Recover Community Jobs Fund payments incorrectly claimed.
- Use Social Security contributions data and benefit data to verify claims made under the scheme.
Additionally, circumstances may arise in which an employer claiming a payment under the Community Jobs Fund is being pursued for monies owed to the department. Should this situation arise the Minister reserves the right to offset Community Jobs Fund payments against any monies owed to the department.
As a non-statutory scheme the decision of the Social Security Minister is final.
Appendix A: job acceptability criteria
Jobs without a clear and demonstrable community benefit will not be successful in the application process.
Questions to ask before applying:
It may be useful to use the following questions when considering whether a vacancy demonstrates community benefit:
- What will be the output of the job and how will that benefit the community?
- Who will benefit and how many people?
- If the job does not itself appear to demonstrate community benefit, how far does the job support the creation of community benefit within a wider project?
- Is there additional community benefit from this job?
- Would it be clear to the taxpayer or a member of the public that the job is of community benefit?
The following sets out three ways that community benefit could be demonstrated. It is not an exhaustive list, but a job with clear community benefit could include:
Social benefits – for example projects that:
- Engage with and/or support vulnerable groups
- Support crime prevention or reducing anti-social behaviour
- Improve the physical, emotional or mental well being of the community
- Improve access to services for vulnerable groups.
Environmental benefits – for example projects that:
- Regenerate, renovate or restore public areas, buildings, houses and amenities
- Promote or support recycling, re-use, or energy efficiency and conservation
- Promote or support nature conservation
- Promote an awareness of and respect for the natural environment.
Cultural benefits – for example projects that:
- Extend or improve access to cultural, sporting, or educational opportunities for vulnerable or marginalised groups
- Encourage or promote understanding between different communities and/or generations.
Examples of community benefit bids which will not be successful under the Community Jobs Fund:
- Where giving a person employment is claimed as the community benefit, by way of providing employment to someone who is otherwise an Income Support claimant. This is not sufficient on its own – this is a necessary requirement of the Community Jobs Fund.
- “Green jobs” cannot be presumed to automatically have community benefit. While the creation of green jobs is welcome, this does not necessarily mean that a job provides community benefit as its main objective. It is still necessary to describe where the community benefit is in line with the principles above.
- Jobs will not pass the assessment process if the community benefit has been poorly demonstrated. For example, a sports application which mentions that sports coaching is the community benefit but fails to examine why this is important within the context of the local community.
- If, for example, a charity shop already has six volunteers in place, turning these into paid roles this would not be providing an additional community benefit on top of what is already taking place. These roles would therefore not be acceptable under the Community Jobs Fund scheme. If however, an additional role meant the shop could open longer and generate more funds for the charity, have an increased social media/marketing presence, enable more collections or deliveries than at present – this would then qualify.
Hospitality Paid Training Opportunities 2016
Guidelines
Back to Work
Working for Jersey, working for you
Introduction
Back to Work’s 2016 hospitality programme focuses on “on the job” training with industry partners.
Back to Work’s paid training opportunities within the hospitality industry are designed to encourage and support hospitality employers in recruiting and training people who are registered as actively seeking work and locally qualified into the industry.
Under the paid training opportunities, Back to Work will fund trainee’s wages and Social Security contributions for up to four weeks at minimum wage. This funding will be available to employers who recruit and train locally qualified jobseekers who are registered as actively seeking work and do not have experience in the hospitality industry.
The key aims of the paid training opportunities are to:
- Enable candidates to learn skills and be trained by staff working in the industry
- Enable candidates to gain practical experience in the industry, whilst providing the opportunity for employers to assess attitude, motivation and capability in a working environment
- Provide access to employment, thereby reducing the number of locally qualified people who are registered as actively seeking work
- Encourage hospitality employers to take on people who are locally qualified and actively seeking work
- Provide the foundations for a shift in cultural mind set for:
- Employers to employ locally entitled candidates
- Candidates to take up job opportunities in the hospitality industry
How the paid training opportunities work
Back to Work will:
- Fund the cost of salaries directly to employers providing training on the following basis:
- Funding will be available to cover up to four weeks wages per candidate (for one continual four week period), up to a maximum value of £1,187.69[1]. Funding will be based on minimum wage plus employer’s Social Security contributions. Employers can pay a higher wage should they wish to do so by increasing the hourly rate the employee will be paid
- Funding will be based on training roles that require employees to work for a minimum of 25 hours and a maximum of 40 hours per week. Employers can increase hours using their own funds should they wish to do so (for example 45 hours per week)
- The value of the funding available is based on the number of hours the employee works per week (if an employee only works 25 hours per week funding will be provided at minimum wage on this basis)
- Provide a fully supported recruitment process to ensure the employer can select the right candidate for their needs
- Provide an in work support service whereby a Back to Work advisor will support the employer and the employee once the employee has commenced their training role. The advisor will monitor and check the candidate is receiving training of an adequate standard, as well as help to ensure that any concerns or queries are raised at an early stage to help to ensure the smooth running of the programme
- Offer additional training sessions during the training period to develop candidates’ skills and enhance their employability
- Provide key training outcomes for employers who do not have existing formal training programmes in place for new staff
As an employer recruiting a candidate into a paid training role you will:
- Ensure the candidate works through a structured training programme for the duration of the training period
- Ensure the candidate receives support from an allocated “buddy” for the duration of the training period
- Provide feedback to the candidate and Back to Work on how they are progressing throughout their training period
- Release candidates for training and meetings with Back to Work members of staff as required, which will help to enhance their employability and maintain their focus and commitment to their role
- have adequate employer liability insurance
How are candidates employed in paid training roles:
Employ candidates under your usual terms and conditions – this includes paying the candidate in line with your normal payroll procedures during the training period (along with processing Social Security and ITIS contributions). The salary costs (up to a maximum of 40 hours per week) and Social Security contributions will then be reimbursed by Social Security. The candidate must be provided with a contract of employment covering their period of training.
Payment
- Payments for candidates employed are made at the end of the four week training period upon submission of pay slips
- For funding to be received it must be claimed within one month of the candidate completing their four week training role
Qualifying employers
This opportunity is available to any hospitality employer, registered under the Control of Housing and Work (Jersey) Law, 2012, who takes on a training candidate who is registered as actively seeking work and who does not have any experience in the hospitality industry.
Hospitality employers are broadly defined as those contributing to the Island’s tourism and service industry, including restaurants, cafés, hotels, bars, pubs, tourist attractions and various associated providers. Back to Work will confirm eligibility to employers at the time of application.
Qualifying candidates
The paid training opportunities are available to candidates who are registered as actively seeking work and who do not have any experience in the hospitality industry. These candidates will be:
- Locally qualified for work i.e. Entitled or Entitled to work, and
- Registered with the Social Security Department as actively seeking work or active clients of the Jersey Employment Trust
- Have engaged sufficiently in Back to Work job seeking activity and passed assessment sessions run by Back to Work as part of the Hospitality programme.
Excluded candidates
- Any person who is not registered as actively seeking work
- Any person who has relevant or adequate experience working in the hospitality industry
- Any person who is either not locally qualified to work or who is not registered as actively seeking work
- Non-EU nationals whose visa does not allow them recourse to public funds
- Any candidate who is deemed unsuitable for the paid training opportunities by Back to Work
The following would exclude an employer from taking on a candidate through a paid training opportunity:
- Any role where the candidate would be working in isolation
- Any role where the candidate would not be working through a structured training programme
- Any role where the candidate would not have the support of an allocated “buddy” or member of staff
- Sub-contracted work from a self-employed contractor
- Any role which is already subject to grant aid or subsidy from another States of Jersey Department
- Any job paid with an offset for accommodation and/or food
- Any role where the minimum wage is not being passed onto the candidate
Value of funding
The paid training opportunities are available for training roles which require the candidate to work between 25 – 40 hours per week for a maximum four week period and provides funding at minimum wage plus employer Social Security contributions (6.5%).
The maximum payable per candidate over the four weeks is therefore 4 weeks at 40 hours per week: £1,187.69.
Employers can claim the funding for each candidate they recruit into a paid training opportunity as long as Back to Work has approved each vacancy and candidate as being suitable. Employers are able to recruit multiple candidates into paid training roles, providing the candidates receive the required levels of support throughout the training period.
Employment Incentive
If the individual recruited under the Hospitality Paid Training was either registered as actively seeking work for longer than 6 months (if they are aged 16-24) or for 12 months (if they are aged over 25) prior to starting their training contract and is then recruited into a permanent 35 hour contract (after their training period) then the employer will be able to claim the Employment Incentive (up to £6,754.98) less any payments already made under the Paid Training Initiative.
Additional types of pay
The paid training opportunities are based on the number of hours worked by the candidate (up to a maximum of 40 hours per week). Employers can increase hours using their own funds should they wish to do so (for example 45 hours per week).
Additional payments such as overtime, bonuses, commission, tips, benefits in kind (e.g. car, uniforms etc.) do not affect the amount of funding payable to the employer. These additional payments can therefore still be paid to the candidate.
Outline process
- Employer contacts Back to Work with an opportunity to recruit a candidate into a training role
- Back to Work meet with employer to discuss the training and support the candidate will receive throughout the training period
- If role is approved, Back to Work team provides details of qualifying candidates who are best matched to the role
- Employer shortlists and selects candidates for interview
- Back to Work provides the support necessary to prepare candidates for the selection process
- Employer selects candidate
- Employer issues a contract to the successful candidate and the candidate is recruited into the training role
- Employer submits application form with evidence of signed contract
- Back to Work maintains contact with both the employer and candidate throughout the training period
- At the end of the four week period, employer claims payments by submitting claim form with required evidence of the candidate working for the period for which the funding is claimed (all claims must be submitted within one month of the candidate finishing the four week training period)
- Payment made directly to employer by Social Security
Claiming payments
Employers can claim payment in arrears at the end of the four week subsidised training period.
Employers will need to provide supporting evidence that the individual has been paid (e.g payslips).
It is the responsibility of the employer to ensure that candidates recruited into paid training opportunities are aware that personal information (employment contracts and payslips) will be provided to Social Security as evidence for a claim. Employers should note that if they don’t obtain a candidate’s consent it is a breach of data protection rules.
Payments will be made by BACS directly to the company or organisation’s bank account within 28 days of receiving a claim form with complete evidence of the candidate having worked the claimed hours.
Circumstances may arise in which an employer claiming a payment under the scheme is being pursued for monies owed to the department. Should this situation arise the Minister reserves the right to offset payments against any monies owed to the department.
Candidate sickness absence or unpaid leave
The employer will recruit candidates in accordance with their normal contract and terms and conditions. Should the employer not pay the candidate for a period, e.g. unpaid leave or sickness absence, then the employer will not be able to claim a payment for this. Candidates recruited through a recruitment agency will not receive payment for sickness or any other absence.
Legal position of employer
For employers who recruit candidates directly into paid training opportunities rather than through a recruitment agency, the person in respect of whom the funding is payable will be an employee of the employer making an application to receive the funding. The employer will recruit candidates in accordance with their normal contract and terms and conditions. Normal probation and notice periods will apply and the employee will have statutory rights and responsibilities under the Employment (Jersey) Law 2003 and Discrimination (Jersey) Law 2013.
Support for employers
The aim of the paid training opportunities is for employers to train candidates to work in the industry, with a view to candidates then being recruited into either permanent or seasonal roles at the end of the training period. Should any issues arise during the training period or afterwards, support will be available to employers through the Back to Work team to help the candidate sustain successful employment. Employers should contact the Back to Work team as soon as possible should they have any concerns.
There is no specific obligation on the part of the employer to continue to employ the candidates after the end of the paid training opportunities, although it is hoped that they will. In these cases, feedback of under-performance would be requested by Back to Work in order that they can continue to support the candidate to find alternative employment. In circumstances where employment cannot be sustained then the employer will still be able to claim payments for the time the candidate has worked within the four week training period.
It is expected that the paid training opportunities will be used in good faith to support employer’s recruitment and candidate’s development – the opportunities should therefore not be used to continually replace candidates for rolling four week periods.
Legal position of the paid training opportunities
This is a non-statutory scheme. As such the terms of the paid training opportunities can be amended or withdrawn without notice at the discretion of the Minister for Social Security.
It is very much hoped that employers will use the paid training roles as intended – to provide candidates new to the industry with the training and support needed to gain experience in the hospitality industry. In particular, it is expected that employers will not release existing staff with the intention of replacing them with new candidates recruited into paid training roles.
The Minister reserves the right to:
- Restrict or refuse specific employers from access to this or future schemes
- Withhold or cancel interim or final payments to specific employers
- Request additional evidence from the employer
- Request evidence from the candidate
- Recover payments incorrectly claimed
- Use Social Security contributions data and benefit data to verify claims made under the programme
As a non-statutory scheme the decision of the Social Security Minister is final.
Back to Work
JobsFest Employer Incentive 2016
Guidelines
Back to Work
Working for Jersey, working for you
Introduction
The JobsFest Employer Incentive is an eight week initiative which will enable employers to hire locally qualified jobseekers at no financial cost.
Under the JobsFest Employer Incentive, up to eight weeks’ wages and social security contributions will be paid to employers who hire locally qualified jobseekers that have been registered as actively seeking work from April 2016. The incentive will run from Monday 3 October to Sunday 27 November 2016 and is open to all Jersey employers.
Employers who subsequently retain candidates on permanent contracts may also claim further incentive payments (see page 3).
The key aims of the incentive are to:
- Encourage & financially support employers to recruit staff who are longer term unemployed.
- Bring those furthest from the job market closer to securing long-term sustainable unsubsidised employment.
- Enhance the employability and in-work skills of registered jobseekers who have been out of work for at least six months.
- Provide employers with the opportuinity to recruit the number of candidates, which best reflects the forthcoming seasonal work schedule of the business.
In addition to the Employer Incentive, Back to Work are also running a JobsFest programme of training events to support jobseekers into employment.
How the JobsFest Employer Incentive works:
Back to Work will:
- Fund salaries directly to employers on the following basis:
- Funding will be available for a maximum 8 week period between 3rd October and 27th November 2016.
- Funding will be based on minimum wage (£6.97) plus employer’s Social Security contributions (6.5%). Employers can pay a higher wage using their own funds should they wish to do so by topping up the hourly rate the employee will be paid.
- Funding will be based on roles that require employees to work for a minimum of 25 hours and a maximum of 35 hours per week. Employers can top up hours using their own funds should they wish to do so (for example 40 hours per week).
- The value of the incentive is based on the number of contracted hours the employee works (if an employee only works 25 hours per week funding will be on a pro-rata basis).
- Work with the target group of candidates to ensure they are prepared to take full advantage of the incentive employment opportunities.
- Provide a fully supported recruitment process to ensure the employer can select and employ the right candidate for their needs.
- Provide an in work support service whereby a Back to Work advisor can support the employer and the employee once the employee has commenced the role. The advisor will help to ensure that any concerns or queries are raised at an early stage to ensure the smooth running of the programme.
As an employer under the JobsFest Employer Incentive you will:
- Employ candidates under your usual terms and conditions.
- Provide the successful candidate with a contract of employment. Help with contracts can be provided if required.
- Pay successful candidate in line with usual payroll procedures including employee Social Security contribution schedule and ITIS returns.
- Train and support the employee in their new role.
- Provide ongoing feedback to the employee and Back to Work on how they are progressing and provide a formal review at the mid-point of the incentive period. The completed review paperwork will need to be received by Back to Work, before the final payment can be processed.
Qualifying employers
The JobsFest Employer Incentive is open to any Jersey registered employer, who employs a candidate from the target group between the 3rd October and 27th November 2016. This includes businesses, States departments, Parishes, charities, not-for-profit organisations and States-owned utility organisations.
Qualifying candidates (‘Target Group’)
The JobsFest Employer Incentive applies to candidates that have been registered as actively seeking work since 1st April 2016. These candidates will be:
- Locally qualified for work, i.e. Entitled or Entitled to work , and
- Registered with the Social Security Department as actively seeking work or active clients of the Jersey Employment Trust.
Excluded candidates
- Any person who falls outside the target group.
- Any person who is not locally qualified for work.
- Non-EU nationals whose visa does not allow them recourse to public funds.
- Any candidate who is deemed unsuitable for the JobsFest Employer Incentive.
Qualifying contracts of work
- Permanent contracts.
- Fixed term contracts.
- Temporary contracts
Excluded contracts of work
- Any role which is already subject to grant aid or subsidy from another States of Jersey scheme.
- Any job paid with an offset for accommodation and/or food.
- Any role which is paid below the Minimum Wage (£6.97 per hour).
Value of funding
The JobsFest Employer Incentive supports roles between 25-35 hours per week and provides funding at minimum wage (£6.97) plus employer Social Security contributions (6.5%). The weekly value of the incentive will therefore range between £185.58 (25 hours) to £259.81 (35 hours) depending on the number of hours worked. Employers are able to pay a higher hourly rate and also offer employment for more hours per week.
The maximum payable per candidate over the 8 weeks is therefore 8 weeks at 35 hours per week;
(8 x £259.81 = £2,078.45).
Back to Work is keen to encourage employers to keep candidates on for long-term roles. In addition to the 8 week JobsFest Employer Incentive, further funding may be available for roles that become permanent.
Employment Incentive
If the individual recruited under the JobsFest incentive was either registered as actively seeking work for longer than 6 months (if they are aged 16-24) or for 12 months (if they are aged over 25) prior to starting work and is then recruited into a permanent 35 hour contract then the employer will be able to claim the Employment Incentive (up to £6,754.98) less any payments already made under the JobsFest Employer Incentive.
Additional types of pay
The JobsFest Employer Incentive is based on the number of contracted hours worked by the employee.
Additional payments such as overtime, bonuses, commission, tips, benefits in kind (e.g. car, uniforms etc.) do not affect the amount of the JobsFest Employer Incentive payable to the employer. These additional payments can therefore still be paid to the employee.
Claiming incentive payments
Employers claim incentive payments in arrears. Our aim is to make payments quickly to employers and to achieve this there are three payment dates:
Payments | Working period | Deadline for claims (By 5pm on each date) | Payment Dates (BACS) |
1 | 3rd October – 30th October | Tuesday 1st November | Friday 11th November |
2 | 31st October – 27th November | Tuesday 29th November | Friday 9th December |
3 | Any outstanding payments | Friday 9th December | Friday 16th December |
Employers will need to provide supporting evidence that the individual has been paid (e.g. payslips).
It is the responsibility of the employer to ensure that employees recruited with the support of the JobsFest Employer Incentive are aware that personal information (employment contracts and payslips) will be provided to Social Security as evidence for a claim. Employers should note that if they don’t obtain an employee’s consent it is a breach of data protection rules.
Outline of incentive process
- Employer contacts Back to Work to discuss potential role, reserve JobsFest Employer Incentive funding and book place on Job Match.
- Employer attends Job Match event to source and recruit potential candidates. If unable to attend the Job Match event then a selection of candidates will be provided to the employer after the event.
- Employer selects and recruits candidate and advises Back to Work of decision after the event.
- Employer issues a contract of employment to the successful candidate.
- Employer signs incentive agreement with Back to Work and provides a copy of the contract of employment.
- Back to Work maintains contact with both the employer and employee and provides in work support to employee and employer throughout the period of the role.
- Employer claims incentive and provides copies of payslips.
- Back to Work pays incentive to employer via BACS.
- Employer confirms if the employee has been released or maintained as an employee at the end of the role.
Legal position of employer
The person in respect of whom the incentive is payable will be an employee of the employer receiving the incentive. The employer will recruit candidates in accordance with their normal contract and terms and conditions. Normal probation and notice periods will apply and the employee will have statutory rights and responsibilities under the Employment (Jersey) Law 2003 and Discrimination (Jersey) Law 2013.
Employee sickness absence or unpaid leave
The employer will recruit candidates in accordance with their normal contract and terms and conditions. Should the employer not pay the employee for a period, e.g. unpaid leave or sickness absence, then the employer will not be able to claim a payment for this period.
Support for employers
It is intended that employees hired under the incentive will be successfully retained for the period of the incentive and also hopefully employed after the incentive period has ended. However, should issues arise, support will be available to employers through the Back to Work team to help the employee overcome any issues. Employers should contact the Back to Work team as soon as any issues arise.
In circumstances where employment cannot be sustained, then the employer will still be able to claim incentive payments for the time the employee has worked within the incentive period.
Legal Position of the incentive
This is a non-statutory scheme. As such the terms of the JobsFest Employer Incentive can be amended or withdrawn without notice at the discretion of the Minister for Social Security.
It is very much hoped that employers will use the JobsFest Employer Incentive as intended. In particular, it is expected that employers will act in good faith and not release existing staff with the intention of replacing them with new employees under the JobsFest Employer Incentive.
The Minister therefore reserves the right to:
- Restrict or refuse specific employers from access to this or future schemes.
- Withhold or cancel interim or final payments to specific employers.
- Request additional evidence from the employer.
- Request evidence from the employee.
- Recover incentive payments incorrectly claimed.
- Use Social Security contributions data and benefit data to verify claims made under the scheme.
Additionally, circumstances may arise in which an employer claiming a payment under the scheme is being pursued for monies owed to the department. Should this situation arise the Minister reserves the right to offset incentive payments against any monies owed to the department.
As a non-statutory scheme the decision of the Minister for Social Security is final.
Back to Work Employment Incentive – Guidelines
Introduction
The Employment Incentive is designed to encourage employers to recruit eligible jobseekers into sustainable permanent jobs.
Under the incentive, employers can claim up to £6,754.98 (calculated at minimum wage of £6.97 per hour plus the employer’s 6.5% Social Security contributions for 35 hours per week for the first 6 months of employment) when they employ an eligible jobseeker on a permanent contract of 35 hours per week.
Back to Work also provides in-work support for both the employer and employee for the duration of the incentive.
How the Employment Incentive works
- Employer contacts Back to Work with their vacancy (call 447411 or backtowork@gov.je).
- The Back to Work team provide details of jobseekers who are best matched to the vacancy.
- Employer shortlists, interviews, and then issues a permanent contract to the candidate(s) they wish to recruit.
- Employer submits to Back to Work an Employment Incentive application form (which includes hours, rate and first date of pay) and a copy of the signed and dated employment contract.
- Back to Work team confirm Employment Incentive has been allocated to employer.
- Back to Work maintains contact (at least once a month) with both the employer and employee, providing support as required during the first six months.
- Employer submits payslip(s) monthly in arrears for each month of the incentive period.
- Payment made directly to employer by Back to Work within two working weeks of submission.
The aims of the Employment Incentive
Key aims of the Employment Incentive are to:
- encourage employers to recruit entitled or entitled to work jobseekers into full time sustainable permanent employment
- reduce the number of entitled or entitled to work people who are registered as unemployed for six months or more
- provide employers with the financial support to recruit and train people who have been long-term unemployed
Qualifying employers
The Employment Incentive is open to any employer operating in Jersey and who is registered under the Control of Housing and Work Law. This includes commercial businesses, States-owned utility companies, charities, foundations, not-for-profit organisations and the States of Jersey.
There is no limit to the number of people an employer can recruit supported by the Employment Incentive.
Qualifying candidates
Candidates must be entitled or entitled to work, and must be one of the following:
- Registered with Social Security as Actively Seeking Work (ASW) for at least six months continuously
- An active client of the Jersey Employment Trust who meet the above criteria
Excluded candidates
- Any person who is not classified as either Entitled or Entitled to Work
- Any individual who has not been registered as actively seeking work for 6 months or more
- Non-EU nationals whose visa does not allow them recourse to public funds
- Any candidate deemed unsuitable for the Employment Incentive by Back to Work
Qualifying contracts of work
Contracts of work must be:
- Permanent contracts of at least 35 hours paid employment per week. Employers are able to employ an eligible candidate for up to 4 weeks on a trial/temporary basis (which will be reimbursed by Back to Work) before committing to a permanent contract
- Permanent contracts of fewer than 35 hours will be considered on a case by case basis only where this is appropriate for the individual jobseeker concerned (e.g. parent with young children (25 hours). In this case incentive funding will be paid on a pro rata basis using hours worked
- Permanent contracts paid at the trainee wage will be supported by a reduced Employment Incentive in line with the trainee wage
- Employers may fund pay rates higher than minimum wage and/or more than 35 hours per week at their own cost
Excluded contracts of work
- Fixed term contracts
- Zero hour contracts.
- Temporary contracts (except for up to first four weeks of employment)
- Any job paid with an offset for accommodation and/or food
- Sub-contracted work from a self-employed contractor
- Any role which is already subject to grant aid or subsidy from another States of Jersey department or associated body
Claiming payments
Once an Employment Incentive application has been approved by Back to Work, employers should claim monthly in arrears, once a month during the incentive period.
- The employer needs to submit payslips that confirm the individual recruited has been paid in accordance with their contract after each month of employment. Payments will be made, once a month and within two working weeks by BACS directly to the company or organisation’s bank account
- All claims have to be submitted to Back to Work within one month of the supported employee completing the incentive period
- It is the responsibility of the employer to ensure that employees recruited with the support of the Employment Incentive are aware that personal information (employment contracts and payslips) will be provided to Social Security as evidence for a claim. Employers should note that if they don’t obtain an employee’s consent it is a breach of data protection rules.
Employee sickness absence or unpaid leave
The employer will recruit candidates in accordance with their normal contract and terms and conditions. Should the employer not pay the employee for a period, e.g. unpaid leave or sickness absence, then the employer will not be able to claim a payment for this.
Additional types of pay
Additional payments such as overtime, bonuses, commission, pension, healthcare, benefits in kind (e.g. car, uniforms etc.) do not affect the amount of the Employment Incentive payable to the employer. These additional payments can therefore still be paid to the employee.
Support for employers
Support will be available to employers through the Back to Work team to help the employee overcome any issues and sustain employment. Employers should contact the Back to Work team as soon as an issue arises.
In circumstances where employment cannot be sustained then the employer will still be able to claim a payment under the Employment Incentive on a pro rata basis (dependent upon amount paid to employee) and subject to Back to Work being satisfied that the employer has done all they can to ensure sustainability of employment.
Legal position of employer
The person in respect of whom the incentive is payable will be an employee of the employer making the application to receive the incentive. The employer will recruit candidates in accordance with their normal contract and terms and conditions. Standard probation and notice periods will apply and the employee will have statutory rights and responsibilities under the Employment (Jersey) Law 2003 and Discrimination (Jersey) Law 2013.
Legal Position of Employment Incentive
This is a non-statutory scheme. As such the terms of the Employment Incentive can be amended or withdrawn without notice at the discretion of the Minister for Social Security.
It is expected that employers will use the Employment Incentive as intended and will act in good faith and not release existing entitled staff with the intention of replacing them with new employees under the Employment Incentive.
It is also expected that employers will adhere to the qualifying criteria of the incentive both during the incentive period and afterwards. Back to Work therefore reserves the right to request that employers pay back any monies received through the incentive should it be established that the incentive eligible candidate’s terms and conditions of employment have been changed and no longer meet the criteria to which the incentive was offered.
The Minister therefore reserves the right to:
- Restrict or refuse specific employers from access to this or future incentive programmes
- Withhold or cancel interim or final payments to specific employers
- Request additional evidence from the employer
- Request evidence from the employee
- Recover Incentive payments incorrectly claimed
- Use Social Security contributions data and benefit data to verify claims made under the scheme
Additionally, circumstances may arise where an employer claiming a payment under the Employment Incentive is being pursued for monies owed to the Department. Should this situation arise the Minister reserves the right to offset Incentive payments against any monies owed to the department.
As a non-statutory scheme the decision of the Minister of Social Security is final.
Provision and publication of financial accounts
A number of requirements exist for any grant scheme operated by the States of Jersey to ensure that any funds granted are spent in the manner intended. These are detailed below for information.
The Comptroller and Auditor General may audit the employer where the grant received is greater than £5,000. Employers may also be subject to audit where the grant is less than £5,000 if the total amount represents at least 50% of the total income received that year.
Grant receiving organisations must provide accounts in accordance with the table below for each year in which a grant is made by the States of Jersey, except when there are grounds for exemption.
An organisation is able to submit a request for exemption from provision and/or publication of accounts where doing so would disadvantage the organisation’s commercial interests, or breach confidentiality agreements, Codes of Practice (e.g. Access to Information held by the States, June 2004) or legislation (e.g. Data Protection Legislation).
Amount of Grant | Financial Accounts | Publication of accounts |
Greater than £75,000 (a) | Audited, signed accounts must be provided within 6 months of the organisation’s year end. | The signed Accounts will be published by the Treasury in a report to the States (b). |
(a) This applies to a single grant of more than £75,000 or multiple grants – from one or more department(s) – for the same purpose that when aggregated exceed £75,000.
(b) In publishing a report to the States, the accounts will be publicly available.
Construction Paid Training Opportunities
Guidelines
Back to Work
Working for Jersey, working for you
Introduction
Back to Work’s Construction Programme includes “on the job” training with industry partners, whereby construction employers are able to recruit candidates into paid training roles. These roles are designed to encourage and support construction employers in recruiting and training people who are registered as actively seeking work and locally qualified into the industry. The aim of the roles are to enable candidates to gain the skills they need to secure unsubsidised employment in the construction industry.
Under the paid training opportunities, Back to Work will fund trainees’ wages and Social Security contributions whilst they are working in a construction based training role, for a maximum of 12 weeks. This funding will be available to employers who recruit and train locally qualified jobseekers who are registered as actively seeking work and do not have relevant or current experience in the construction industry.
The key aims of the paid training opportunities are to:
- Enable candidates to learn relevant skills and be trained by staff working in the industry
- Enable candidates to gain practical experience in the industry, whilst providing the opportunity for employers to assess attitude, motivation and capability in a working environment
- Provide access to employment, thereby reducing the number of locally qualified people who are registered as actively seeking work
- Encourage construction employers to take on people who are locally qualified and actively seeking work
- Provide the foundations for a shift in cultural mind set for:
- Employers to employ locally entitled candidates
- Candidates to take up job opportunities in the construction industry
How the paid training opportunities work
Back to Work will:
- Fund the cost of salaries directly to employers who are providing training on the following basis:
- The paid training opportunities are available for training roles which last for a maximum of 12 weeks. The duration approved will be dependent on the complexity of the training role, and the duration of the training programme agreed in the application
- Funding will be based on minimum wage[2] plus employer’s Social Security contributions. Employers can pay a higher wage should they wish to do so by increasing the hourly rate the employee will be paid
- Funding will be based on training roles that require employees to work for 25 - 40 hours per week. Employers can increase hours using their own funds should they wish to do so (for example up to 45 hours per week)
- The value of the funding available is based on the number of hours the employee works per week (for example if an employee only works 25 hours then funding will be provided at minimum wage on this basis)
- Provide a fully supported recruitment process to ensure the employer can select the right candidate for their needs
- Provide access to “Site Ready” training courses and Passport to Safety, as required, prior to commencing on the job training
- Provide an in work support service whereby a Back to Work advisor will support the employer and the employee once the employee has commenced their training role. The advisor will monitor and check the candidate is receiving training of an adequate standard and that health and safety procedures are being met, as well as help to ensure that any concerns or queries are raised at an early stage to help to ensure the smooth running of the programme. This will involve a minimum of a fortnightly meeting between the Back to Work advisor, the employer and the trainee
- Offer additional training sessions during the training period to develop candidates’ skills and enhance their employability
- Work with employers to develop key learning outcomes for companies who do not have existing formal training programmes in place for new staff
As an employer recruiting a candidate into a paid training role you will:
- Ensure the candidate works through a structured training programme for the duration of the pre-approved training period
- Ensure the candidate receives support from an allocated “buddy” for the duration of the training period
- Meet the following health and safety requirements:
- Have an up to date health and safety policy
- Comprehensive risk assessments in place for all sites where trainees will be working
- Sign a health and safety agreement with Back to Work which will outline the health and safety requirements specific to the training role in question
- Ensure trainees wear the required personal protective equipment at all times
- Provide a site induction for trainees going onto any new site, to include:
- Site rules
- Identification of any hazards
- Provide feedback to the candidate and Back to Work on how they are progressing throughout their training period
- Release candidates for training and meetings with Back to Work members of staff as required (on the mutual agreement of the employer and employee), which will help to enhance candidates employability and maintain their focus and commitment to their role
- Have adequate insurance cover (including employer liability insurance, public liability insurance and motor vehicle insurance as required)
Notification of any formal Health and Safety enforcement
The health and safety of trainees is critical to the success of this programme. As such, it is a condition of recruiting candidates into paid training roles that Back to Work are notified of any formal enforcement action (including Improvement or Prohibition Notices) taken against the company or employer whilst the employer is in receipt of funding through this programme.
How are candidates employed in paid training roles?
Employ candidates under your usual terms and conditions – this includes paying the candidate in line with your normal payroll procedures during the training period (along with processing Social Security and ITIS contributions). The salary costs (up to a maximum of 40 hours per week at minimum wage) and Social Security contributions will then be reimbursed by Social Security. The candidate must be provided with a contract of employment.
Payment
- Payments for candidates employed are made at four week intervals (or upon completion of the paid training role if the role is for less than 4 weeks) upon submission of a completed claims form and supporting evidence (e.g. pay slips)
- For funding to be received it must be claimed within one month of the candidate completing their training role
Qualifying employers
This opportunity is available to any construction employer, registered under the Control of Housing and Work (Jersey) Law, 2012, who takes on a training candidate who is registered as actively seeking work and who does not have any relevant or current experience in the construction industry.
Construction employers are broadly defined as those contributing to the Island’s building and construction services and associated providers. Back to Work will confirm eligibility to employers at the time of application.
Qualifying candidates
The paid training opportunities are available to candidates who are registered as actively seeking work and who do not have any relevant or current experience in the construction industry. These candidates will be:
- Locally qualified for work i.e. Entitled or Entitled to work, and
- Registered with the Social Security Department as actively seeking work or active clients of the Jersey Employment Trust
- Have engaged sufficiently in Back to Work job seeking activity
Excluded candidates
- Any person who is not registered as actively seeking work
- Any person who is not entitled or entitled to work
- Any person who has relevant or adequate experience working in the construction industry
- Any person who is either not locally qualified to work or who is not registered as actively seeking work
- Non-EU nationals whose visa does not allow them recourse to public funds
- Any candidate who is deemed unsuitable for the paid training opportunities by Back to Work
The following would exclude an employer from taking on a candidate through a paid training opportunity:
- Any role where the candidate would be working in isolation
- Any role where the candidate would not be working through a structured training programme
- Any role where the candidate would not have the support of an allocated “buddy” or member of staff
- Sub-contracted work from a self-employed contractor
- Any role which is already subject to grant aid or subsidy from another States of Jersey Department
- Any job paid with an offset for accommodation and/or food
- Any role where the minimum wage is not being passed onto the candidate
Value of funding
The paid training opportunities are available for training roles which require the candidate to work 40 hours per week for a maximum twelve week period.
Employers can claim the funding for each candidate they recruit into a paid training opportunity as long as Back to Work has approved each vacancy and candidate as being suitable. Employers are able to recruit multiple candidates into paid training roles, providing the candidates receive the required levels of support throughout the training period.
Employment Incentive
If the individual recruited under the Construction Paid Training was either registered as actively seeking work for longer than 6 months (if they are aged 16-24) or for 12 months (if they are aged over 25) prior to starting their training contract and is then recruited into a permanent 35 hour contract (after their training period) then the employer will be able to claim the Employment Incentive (up to £6,754.98) less any payments already made under the Paid Training Initiative.
Additional types of pay
The paid training opportunities are based on the number of hours worked by the candidate (up to a maximum of 40 hours per week). Employers can increase hours using their own funds should they wish to do so (for example 45 hours per week).
Additional payments such as overtime, bonuses, commission, tips, benefits in kind (e.g. car, uniforms etc) do not affect the amount of funding payable to the employer. These additional payments can therefore still be paid to the candidate.
Outline process
- Employer contacts Back to Work with an opportunity to recruit a candidate into a training role
- Back to Work meet with employer to discuss the training and support the candidate will receive throughout the training period and completes the application form during this meeting
- If role is approved, Back to Work team provides details of qualifying candidates who are best matched to the role
- Employer shortlists and selects candidates for interview
- Back to Work provides the support necessary to prepare candidates for the selection process
- Employer selects candidate
- Employer issues a contract to the successful candidate and the candidate is recruited into the training role
- Employer completes “Employer Agreement” and “Health and Safety agreement” and sends these through to Back to Work along with a copy of the candidate’s signed contract
- Back to Work Advisor maintains contact with both the employer and candidate throughout the training period
- At four week intervals (or at the end of the training period if role is shorter in duration), employer claims payments by submitting evidence of the candidate working for the period for which the funding is claimed (e.g. pay slips). All claims must be submitted within one month of the candidate finishing the training period.
- Payment made directly to employer by Social Security
Claiming payments
Employers can claim payment in arrears at four week intervals during the training period.
Payments must be claimed within one month of the candidate completing their subsidised training period.
Employers will need to provide supporting evidence that the individual has been paid (e.g wage slips).
It is the responsibility of the employer to ensure that candidates recruited into paid training opportunities are aware that personal information (employment contracts and payslips) will be provided to Social Security as evidence for a claim. Employers should note that if they don’t obtain a candidate’s consent it is a breach of data protection rules.
Payments will be made by BACS directly to the company or organisation’s bank account within two weeks of receiving evidence of the candidate having worked the claimed hours.
Additionally, circumstances may arise in which an employer claiming a payment under the scheme is being pursued for monies owed to the department. Should this situation arise the Minister reserves the right to offset payments against any monies owed to the department.
Candidate sickness absence or unpaid leave
The employer will recruit candidates in accordance with their normal contract and terms and conditions. Should the employer not pay the candidate for a period, e.g. unpaid leave or sickness absence, then the employer will not be able to claim a payment for this. Candidates recruited through a recruitment agency will not receive payment for sickness or any other absence.
Legal position of employer
For employers who recruit candidates directly into paid training opportunities rather than through a recruitment agency, the person in respect of whom the funding is payable will be an employee of the employer making an application to receive the funding. The employer will recruit candidates in accordance with their normal contract and terms and conditions. Normal probation and notice periods will apply and the employee will have statutory rights and responsibilities under the Employment (Jersey) Law 2003 and Discrimination (Jersey) Law 2013.
Support for employers
The aim of the paid training opportunities is for employers to train candidates to work in the industry, with a view to candidates then being recruited into roles at the end of the training period. Should any issues arise during the training period or afterwards, support will be available to employers through the Back to Work team to help the candidate sustain successful employment. Employers should contact the Back to Work team as soon as possible should they have any concerns.
There is no specific obligation on the part of the employer to continue to employ the candidates after the end of the paid training opportunities, although it is hoped that they will. For cases where employment is not sustained beyond the end of the paid training period, feedback of under-performance would be requested by Back to Work in order that they can continue to support the candidate to find alternative employment. In circumstances where employment cannot be sustained then the employer will still be able to claim payments for the time the candidate has worked within the training period.
It is expected that the paid training opportunities will be used in good faith to support employer’s recruitment and candidate’s development – the opportunities should therefore not be used to continually replace candidates.
Legal position of the paid training opportunities
This is a non-statutory scheme. As such the terms of the paid training opportunities can be amended or withdrawn without notice at the discretion of the Minister for Social Security.
It is expected that employers will use the paid training roles as intended – to provide candidates new to the industry with the training and support needed to gain experience in the construction industry, and in particular will not release existing staff with the intention of replacing them with new candidates recruited into paid training roles.
The Minister reserves the right to:
- Restrict or refuse specific employers from access to this or future schemes
- Withhold or cancel interim or final payments to specific employers
- Request additional evidence from the employer
- Request evidence from the candidate
- Recover payments incorrectly claimed
- Use Social Security contributions data and benefit data to verify claims made under the programme
- Remove trainees from roles where unsafe working practices, or failure to meet the minimum legal requirements under Health and Safety legislation, are identified
As a non-statutory scheme the decision of the Social Security Minister is final.
[1] This figure is based on the current minimum wage of £6.97 per hour.
[2] Based on the current minimum wage of £6.97 per hour.
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