4.1 Following completion of the University of Kent Employer Complaints Policy and
Procedure (Apprenticeships) where a complaint still remains unresolved the dispute
resolution requirements of the contract between the University and employer should
be referred to.
4.2 Dispute resolution will normally be in line with the below process and timescales -
unless varied by the specific Kent/Employer contract in place.
4.2.1 In the event that the parties have been unable to resolve any Dispute through
good faith discussions between their respective representatives then either party
may serve written notice on the other stating the nature of the dispute (a Dispute
Notice).
4.2.2 After service of the Dispute Notice, the following procedure shall be followed:
4.2.2.1 within five (5) days, the University’s Representative and the Employer’s
Representative shall meet to attempt to settle the dispute (each party
acting in good faith);
4.2.2.2 if the University’s Representative and the Employer’s Representative
are unable to reach a settlement within twenty-one (21) days from the
date of service of the Dispute Notice, the Senior Management of each
of the parties shall meet within the following fourteen (14) days to
attempt to settle the dispute; and
4.2.2.3 if no settlement results from the meeting specified in 4.2.2.2, for the
following fifty-six (56) days the parties shall attempt to settle the
dispute by mediation in accordance with the Centre for Effective
Dispute Resolution (CEDR) Model Mediation Procedure.
4.2.3 Where an employer remains dissatisfied with the outcome of a complaint then it can be escalated,
in certain circumstances, to the Education and Skills Funding Agency (ESFA).
ESFA email is
complaints.esfa@education.gov.uk, or put the complaint in a letter to:
Customer Service Team, Education and Skills Funding Agency, Cheylesmore House, Quinton Road, Coventry, CV1 2WT
4.3 The circumstances in which a complaint can be escalated to the ESFA can be found at:
https://www.gov.uk/government/organisations/education-and-skills-fundingagency/about/complaints-procedure#checkcomplaint
4.4 For the avoidance of doubt, should an employer have a complaint regarding the
behaviour of their apprentice in relation to their apprenticeship, this should be dealt
with through the employer’s own internal complaints policy.