Apprenticeships, Skills, Children and Learning Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Apprenticeships, Skills, Children and Learning Bill

Apprenticeships, Skills, Children and Learning Bill
Part 1 — Apprenticeships, study and training
Chapter 1 — Apprenticeships
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Careers education in schools: England
35
Careers education
(1)
Section 43 of the Education Act 1997 (c. 44) (provision of careers education in
schools) is amended as follows.
(2)
After subsection (2B) insert—
5
“(2C)
Any consideration for the purposes of subsection (2B) of what advice
would promote the best interests of the pupils concerned must include
consideration of whether it would be in their best interests, or in the
best interests of any of them, to receive advice which relates to
apprenticeships.”
10
(3)
In subsection (3)—
(a)
for “subsection (2B)” substitute “subsections (2B) and (2C)”, and
(b)
before “complied” insert “(or are)”.
(4)
In subsection (6), at the appropriate place insert—
““apprenticeship” includes employment and training leading to
15
the issue of an apprenticeship certificate under the
Apprenticeships, Skills, Children and Learning Act 2009 by the
person who, for the purposes of that Act, is the English
certifying authority;”.
Duty to participate in education or training: England
20
36
Duty to participate in education or training: apprenticeship agreements
(1)
Part 1 of the Education and Skills Act 2008 (duty to participate in education or
training: England) is amended as follows.
(2)
In section 2 (duty to participate), in subsection (1)(b) after “contract of
apprenticeship” insert “or an apprenticeship agreement”.
25
(3)
In section 66 (interpretation of Part 1), in subsection (1)—
(a)
at the appropriate place insert—
““apprenticeship agreement” has the meaning given in section 30
of the Apprenticeships, Skills, Children and Learning Act
2009;”;
30
(b)
in the definition of “contract of employment” after “contract of
apprenticeship” insert “or an apprenticeship agreement”.
General
37
Apprenticeship sectors
(1)
The Secretary of State must by order specify sectors of skill, trade or occupation
35
for the purposes of this Chapter.
(2)
The sectors specified under subsection (1) must in the opinion of the Secretary
of State encompass the full range of skills, trades and occupations.

Apprenticeships, Skills, Children and Learning Bill
Part 1 — Apprenticeships, study and training
Chapter 2 — Study and training
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Interpretation of Chapter
(1)
In this Chapter—
“apprenticeship agreement” has the meaning given by section 30(1);
“apprenticeship certificate” means a certificate issued under section 1, 2, 5
or 6;
5
“apprenticeship framework” has the meaning given by section 10(1);
“apprenticeship sector” means a sector specified under section 37;
“the English certifying authority”, in relation to an apprenticeship
certificate of any description, has the meaning given by section 4(1);
“the English issuing authority”, in relation to an apprenticeship
10
framework, has the meaning given by section 11(4);
“the principal qualification”, in relation to an apprenticeship framework,
means the qualification identified in the framework as being the
principal qualification;
“recognised English framework” has the meaning given by section 10(3);
15
“recognised Welsh framework” has the meaning given by section 10(4);
“the specification of apprenticeship standards for England” means the
specification of apprenticeship standards having effect for the time
being by virtue of an order made by the Secretary of State under section
22 or 23;
20
“the specification of apprenticeship standards for Wales” means the
specification of apprenticeship standards having effect for the time
being by virtue of an order made by the Welsh Ministers under section
26 or 27;
“the Welsh certifying authority”, in relation to an apprenticeship
25
certificate of any description, has the meaning given by section 8(1);
“the Welsh issuing authority”, in relation to an apprenticeship
framework, has the meaning given by section 16(4).
(2)
References in this Chapter—
(a)
to the level of an apprenticeship framework, or
30
(b)
to the apprenticeship sector to which an apprenticeship framework
relates,

are to be construed in accordance with section 10(5).
(3)
References in this Chapter to an employer and an apprentice, in relation to an
apprenticeship agreement, are to be construed in accordance with section 30.
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Chapter 2
Study and training
39
Employer support for employee study and training
(1)
The Employment Rights Act 1996 (c. 18) is amended as follows.

Apprenticeships, Skills, Children and Learning Bill
Part 1 — Apprenticeships, study and training
Chapter 2 — Study and training
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(2)
After Part 6 (time off work) insert—
“Part 6A
Study and training
63D
Statutory right to make request in relation to study or training
(1)
A qualifying employee may make an application under this section to
5
his or her employer.
(2)
An application under this section (a “section 63D application”) is an
application that meets—
(a)
the conditions in subsections (3) to (5), and
(b)
any further conditions specified by the Secretary of State in
10
regulations.
(3)
The application must be made for the purpose of enabling the
employee to undertake study or training (or both) within subsection
(4).
(4)
Study or training is within this subsection if its purpose is to improve—
15
(a)
the employee’s effectiveness in the employer’s business, and
(b)
the performance of the employer’s business.
(5)
The application must state that it is an application under this section.
(6)
An employee is a qualifying employee for the purposes of this section
if the employee—
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(a)
satisfies any conditions about duration of employment
specified by the Secretary of State in regulations, and
(b)
is not a person within subsection (7).
(7)
The following persons are within this subsection—
(a)
a person of compulsory school age (or, in Scotland, school age);
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(b)
a person to whom Part 1 of the Education and Skills Act 2008
(duty to participate in education or training for 16 and 17 year
olds) applies;
(c)
a person who, by virtue of section 29 of that Act, is treated as a
person to whom that Part applies for the purposes specified in
30
that section (extension for person reaching 18);
(d)
a person to whom section 63A of this Act (right to time off for
young person for study or training) applies;
(e)
an agency worker;
(f)
a person of a description specified by the Secretary of State in
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regulations.
(8)
Nothing in this Part prevents an employee and an employer from
making any other arrangements in relation to study or training.
(9)
In this section—
“agency worker” means a worker supplied by a person (the
40
“agent”) to do work for another person (the “principal”) under
a contract or other arrangement between the agent and
principal;

Apprenticeships, Skills, Children and Learning Bill
Part 1 — Apprenticeships, study and training
Chapter 2 — Study and training
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“compulsory school age” has the meaning given in section 8 of the
Education Act 1996;
“school age” has the meaning given in section 31 of the Education
(Scotland) Act 1980.
63E
Section 63D application: supplementary
5
(1)
A section 63D application may—
(a)
be made in relation to study or training of any description
(subject to section 63D(3) and (4) and regulations under section
63D(2));
(b)
relate to more than one description of study or training.
10
(2)
The study or training may (in particular) be study or training that (if
undertaken)—
(a)
would be undertaken on the employer’s premises or elsewhere
(including at the employee’s home);
(b)
would be undertaken by the employee while performing the
15
duties of the employee’s employment or separately;
(c)
would be provided or supervised by the employer or by
someone else;
(d)
would be undertaken without supervision;
(e)
would be undertaken within or outside the United Kingdom.
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(3)
The study or training need not be intended to lead to the award of a
qualification to the employee.
(4)
A section 63D application must—
(a)
give the following details of the proposed study or training—
(i)
its subject matter;
25
(ii)
where and when it would take place;
(iii)
who would provide or supervise it;
(iv)
what qualification (if any) it would lead to;
(b)
explain how the employee thinks the proposed study or
training would improve—
30
(i)
the employee’s effectiveness in the employer’s business,
and
(ii)
the performance of the employer’s business;
(c)
contain information of any other description specified by the
Secretary of State in regulations.
35
(5)
The Secretary of State may make regulations about—
(a)
the form of a section 63D application;
(b)
when a section 63D application is to be taken to be received for
the purposes of this Part.
63F
Employer’s duties in relation to application
40
(1)
Subsections (4) to (7) apply if—
(a)
an employer receives a section 63D application (the “current
application”) from an employee, and
(b)
during the relevant 12 month period the employer has not
received another section 63D application (an “earlier
45
application”) from the employee.

Apprenticeships, Skills, Children and Learning Bill
Part 1 — Apprenticeships, study and training
Chapter 2 — Study and training
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(2)
The “relevant 12 month period” is the 12 month period ending with the
day on which the employer receives the current application.
(3)
The Secretary of State may make regulations about circumstances in
which, at an employee’s request, an employer is to be required to
ignore an earlier application for the purposes of subsection (1).
5
(4)
The employer must deal with the application in accordance with
regulations made by the Secretary of State.
(5)
The employer may refuse a section 63D application only if the
employer thinks that one or more of the permissible grounds for refusal
applies in relation to the application.
10
(6)
The employer may refuse part of a section 63D application only if the
employer thinks that one or more of the permissible grounds for refusal
applies in relation to that part.
(7)
The permissible grounds for refusal are—
(a)
that the proposed study or training to which the application, or
15
the part in question, relates would not improve—
(i)
the employee’s effectiveness in the employer’s business,
or
(ii)
the performance of the employer’s business;
(b)
the burden of additional costs;
20
(c)
detrimental effect on ability to meet customer demand;
(d)
inability to re-organise work among existing staff;
(e)
inability to recruit additional staff;
(f)
detrimental impact on quality;
(g)
detrimental impact on performance;
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(h)
insufficiency of work during the periods the employee proposes
to work;
(i)
planned structural changes;
(j)
any other grounds specified by the Secretary of State in
regulations.
30
63G
Regulations about dealing with applications
(1)
Regulations under section 63F(4) may, in particular, include
provision—
(a)
for the employee to have a right to be accompanied by a person
of a specified description when attending meetings held in
35
relation to a section 63D application in accordance with any
such regulations;
(b)
for the postponement of such a meeting if the employee’s
companion under paragraph (a) is not available to attend it;
(c)
in relation to companions under paragraph (a), corresponding
40
to section 10(6) and (7) of the Employment Relations Act 1999
(right to paid time off to act as companion, etc.);
(d)
in relation to the rights under paragraphs (a) and (b), for rights
to complain to an employment tribunal and not to be subjected
to a detriment, and about unfair dismissal;
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(e)
for section 63D applications to be treated as withdrawn in
specified circumstances.

Apprenticeships, Skills, Children and Learning Bill
Part 1 — Apprenticeships, study and training
Chapter 2 — Study and training
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(2)
In this section “specified” means specified in the regulations.
63H
Employee’s duties in relation to agreed study or training
(1)
This section applies if an employer has agreed to a section 63D
application, or part of a section 63D application, made by an employee
in relation to particular study or training (the “agreed study or
5
training”).
(2)
The employee must inform the employer if the employee—
(a)
fails to start the agreed study or training;
(b)
fails to complete the agreed study or training;
(c)
undertakes, or proposes to undertake, study or training that
10
differs from the agreed study or training in any respect
(including those specified in section 63E(4)(a)).
(3)
The Secretary of State may make regulations about the way in which
the employee is to comply with the duty under subsection (2).
63I
Complaints to employment tribunals
15
(1)
An employee who makes a section 63D application may present a
complaint to an employment tribunal that—
(a)
the employer has failed to comply with section 63F(4), (5) or (6),
or
(b)
the employer’s decision to refuse the application, or part of it, is
20
based on incorrect facts.

This is subject to the following provisions of this section.
(2)
No complaint under this section may be made in respect of a section
63D application which has been disposed of by agreement or
withdrawn.
25
(3)
In the case of a section 63D application that has not been disposed of by
agreement or withdrawn, a complaint under this section may only be
made if the employer—
(a)
notifies the employee of a decision to refuse the application (or
part of it) on appeal, or
30
(b)
commits a breach of regulations under section 63F(4), where the
breach is of a description specified by the Secretary of State in
regulations.
(4)
No complaint under this section may be made in respect of failure to
comply with provision included in regulations under section 63F(4)
35
because of—
(a)
section 63G(1)(a) or (b), if provision is included in regulations
under section 63F(4) by virtue of section 63G(1)(d), or
(b)
section 63G(1)(c).
(5)
An employment tribunal may not consider a complaint under this
40
section unless the complaint is presented—
(a)
before the end of the period of three months beginning with the
relevant date, or
(b)
within any further period that the tribunal considers
reasonable, if the tribunal is satisfied that it was not reasonably
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Apprenticeships, Skills, Children and Learning Bill
Part 1 — Apprenticeships, study and training
Chapter 2 — Study and training
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practicable for the complaint to be presented before the end of
that period of three months.
(6)
The relevant date is—
(a)
in the case of a complaint permitted by subsection (3)(a), the
date on which the employee is notified of the decision on the
5
appeal;
(b)
in the case of a complaint permitted by subsection (3)(b), the
date on which the breach was committed.
63J
Remedies
(1)
If an employment tribunal finds a complaint under section 63I well-
10
founded it must make a declaration to that effect and may—
(a)
make an order for reconsideration of the section 63D
application;
(b)
make an award of compensation to be paid by the employer to
the employee.
15
(2)
The amount of any compensation must be the amount the tribunal
considers just and equitable in all the circumstances, but must not
exceed the permitted maximum.
(3)
The permitted maximum is the number of weeks’ pay specified by the
Secretary of State in regulations.
20
(4)
If an employment tribunal makes an order under subsection (1)(a),
section 63F and regulations under that section apply as if the
application had been received on the date of the order (instead of on the
date it was actually received).
63K
Supplementary
25
Regulations under this Part may make different provision for different
cases.”
(3)
After section 47E (protection from suffering detriment in employment: flexible
working) insert—
“47F
Study and training
30
(1)
An employee has the right not to be subjected to any detriment by any
act, or any deliberate failure to act, by the employee’s employer done
on the ground that the employee—
(a)
made (or proposed to make) a section 63D application,
(b)
exercised (or proposed to exercise) a right conferred on the
35
employee under section 63F,
(c)
brought proceedings against the employer under section 63I, or
(d)
alleged the existence of any circumstance which would
constitute a ground for bringing such proceedings.
(2)
This section does not apply if the detriment in question amounts to
40
dismissal within the meaning of Part 10.”