Employer Guide - A new employee is an existing Skills Edge apprentice and wishes to continue with their apprenticeship
This article covers the new employer's responsibilities if an apprentice transfers to a new legal employer — including through TUPE, acquisition, merger, or organisational restructure
Purpose of this guide
When an apprentice transfers to a new legal employer — including through TUPE, acquisition, merger, or organisational restructure — the Education and Skills Funding Agency (ESFA) requires the change to be formally recorded in the Apprenticeship Service, alongside updated compliance checks.
These steps ensure funding can continue lawfully and without interruption.
When a Change of Employer is required
A change of employer must be processed if any of the following change:
- PAYE scheme
- Legal entity / company registration number
- Apprenticeship Service employer account
This applies even where:
- The apprentice remains in the same role
- The training provider does not change
- The transfer is due to acquisition rather than a new job
Information and actions required from the new employer
1. Apprenticeship Service employer account
What is required
- A live Apprenticeship Service (DAS) employer account
- Access to review and approve the change of employer request
Why
ESFA funding can only be paid through an approved employer account.
- Without this, the change cannot be completed.
2. Legal entity and PAYE details
What is required
- Registered company name
- Company registration number
- PAYE scheme under which the apprentice will be paid
Why
- The ESFA defines the employer by legal entity and PAYE, not branding or group ownership.
- Funding is audited against these details.
3. Apprentice transfer (employment) date
What is required
- The date the apprentice legally transferred into your employment (e.g. TUPE or acquisition transfer date)
Why
This date:
- Determines when funding responsibility transfers
- Must align with payroll and employment records
- Is checked during audit
4. Confirmation of continued eligible employment
What is required
- Confirmation that the apprentice: Remains employed, and continues in a role that meets apprenticeship requirements
Why
- ESFA funding rules require apprentices to remain in genuine, continuous employment.
5. Levy status confirmation
What is required
Confirmation of whether you are:
- Levy-paying, or
- Non-levy (co-investment employer)
Why
- This determines how funding is drawn down and whether co-investment applies.
6. Agreement to training details
What is required
Confirmation of:
- Apprenticeship standard
- Planned end date
- Training price (unless a justified change is required)
Why
- ESFA rules require continuity unless there is a genuine reason to amend delivery.
Additional mandatory compliance requirements
7. Health & Safety registration and declaration
What is required
- Completion of the provider’s Health & Safety registration / declaration
- Confirmation that the workplace remains safe and suitable
Why
- A change of legal employer invalidates previous Health & Safety confirmations, even if the workplace is unchanged.
- Updated confirmation is required to remain compliant.
8. Service Level Agreement (SLA)
What is required
- Completion and acceptance of a new Service Level Agreement with the training provider
Why
- The SLA confirms roles, responsibilities and ESFA compliance obligations.
- It is employer-specific and must be refreshed when the legal employer changes.
Timescales and impact on the apprentice
- To protect compliance with ESFA funding rules, training delivery can only continue once funding is confirmed and approved in the Apprenticeship Service.
If there are delays in:
- Setting up or approving the employer account
- Completing Health & Safety registration
- Signing the Service Level Agreement
- Approving the change of employer request
This may result in a temporary pause to training activity until funding is in place.
Completing the required steps promptly helps ensure:
- No disruption to the apprentice’s learning
- Continuity of training and assessment
- A smooth transition following the employment change
What the employer will be asked to do in the Apprenticeship Service
Once the provider initiates the change, you will be asked to:
- Log into the Apprenticeship Service
- Review the change of employer request
- Confirm apprentice, date and funding details
- Approve the change
- Funding transfers only once approval is completed.
What is not required
You do not need to:
- Restart the apprenticeship
- Create a new apprenticeship record
- Withdraw and re-enrol the apprentice
Evidence employers should retain
For audit purposes, employers should retain:
- TUPE or acquisition documentation
- Employment contract or transfer letter
- Payroll evidence confirming PAYE
Key compliance message
A change of employer is a funding and legal requirement, not an administrative preference.
Prompt completion of the required steps helps protect the apprentice’s journey and ensures ESFA funding can continue without interruption.