|
| |
| |
(4) | After section 104D (unfair dismissal: pension enrolment) insert— |
| |
| |
An employee who is dismissed is to be regarded for the purposes of this |
| |
Part as unfairly dismissed if the reason (or, if more than one, the |
| |
principal reason) for the dismissal is that the employee— |
| 5 |
(a) | made (or proposed to make) a learning support application, |
| |
(b) | exercised (or proposed to exercise) a right conferred on the |
| |
employee under section 63F, |
| |
(c) | brought proceedings against the employer under section 63I, or |
| |
(d) | alleged the existence of any circumstance which would |
| 10 |
constitute a ground for bringing such proceedings.” |
| |
(5) | Schedule 1 makes amendments to employment legislation relating to the |
| |
provision made by this section. |
| |
| |
| 15 |
Education and training for persons over compulsory school age |
| |
40 | Education and training for persons over compulsory school age: general duty |
| |
Before section 15A of the Education Act 1996 (c. 56) insert— |
| |
“15ZA | Duty in respect of education and training for persons over |
| |
compulsory school age: England |
| 20 |
(1) | A local education authority in England must secure that enough |
| |
suitable education and training is provided to meet the reasonable |
| |
needs of persons in their area— |
| |
(a) | who are over compulsory school age but under 19, or |
| |
(b) | who are aged 19 or over but under 25 and are subject to learning |
| 25 |
| |
(2) | A local education authority may comply with subsection (1) by |
| |
securing the provision of education or training outside as well as within |
| |
| |
(3) | In deciding for the purposes of subsection (1) whether education or |
| 30 |
training is suitable to meet persons’ reasonable needs, a local education |
| |
authority must (in particular) have regard to— |
| |
(a) | the persons’ ages, abilities and aptitudes; |
| |
(b) | any learning difficulties the persons may have; |
| |
(c) | the quality of the education or training; |
| 35 |
(d) | the locations and times at which the education or training is |
| |
| |
(4) | In performing the duty imposed by subsection (1) a local education |
| |
| |
(a) | act with a view to encouraging diversity in the education and |
| 40 |
training available to persons; |
| |
| |
| |
|
| |
| |
(b) | act with a view to increasing opportunities for persons to |
| |
| |
(c) | act with a view to enabling persons to whom Part 1 of the |
| |
Education and Skills Act 2008 applies to fulfil the duty imposed |
| |
by section 2 of that Act; |
| 5 |
(d) | take account of education and training whose provision the |
| |
authority think might reasonably be secured by other persons; |
| |
(e) | make the best use of the authority’s resources and in particular |
| |
avoid provision that might give rise to disproportionate |
| |
| 10 |
(5) | Provision is not to be considered as giving rise to disproportionate |
| |
expenditure only because it is more expensive than comparable |
| |
| |
(6) | A local education authority must, in— |
| |
(a) | making any determination as to the provision of apprenticeship |
| 15 |
training that should be secured under subsection (1), or |
| |
(b) | securing the provision of any apprenticeship training under |
| |
| |
| co-operate with the Chief Executive of Skills Funding. |
| |
(7) | For the purposes of this section a person has a learning difficulty if— |
| 20 |
(a) | the person has a significantly greater difficulty in learning than |
| |
the majority of persons of the same age, or |
| |
(b) | the person has a disability which either prevents or hinders the |
| |
person from making use of facilities of a kind generally |
| |
provided by institutions providing education or training for |
| 25 |
persons who are over compulsory school age. |
| |
(8) | But a person is not to be taken to have a learning difficulty solely |
| |
because the language (or form of language) in which the person is or |
| |
will be taught is different from a language (or form of language) which |
| |
has at any time been spoken in the person’s home. |
| 30 |
(9) | For the purposes of this section a person is subject to learning difficulty |
| |
| |
(a) | a learning difficulty assessment has been conducted in respect |
| |
| |
(b) | arrangements for a learning difficulty assessment to be |
| 35 |
conducted in respect of the person have been made or are |
| |
| |
| |
“apprenticeship training” means training provided in connection |
| |
| 40 |
(a) | an apprenticeship agreement (within the meaning given |
| |
in section 30 of the Apprenticeships, Skills, Children and |
| |
| |
(b) | any other contract of employment, or |
| |
(c) | any other kind of working in relation to which |
| 45 |
alternative English completion conditions apply under |
| |
section 1(5) of that Act (duty to issue apprenticeship |
| |
| |
“education” includes full-time and part-time education; |
| |
| |
| |
|
| |
| |
a “learning difficulty assessment” is an assessment under section |
| |
139A or 140 of the Learning and Skills Act 2000 (assessments |
| |
relating to learning difficulties); |
| |
| |
(a) | full-time and part-time training; |
| 5 |
(b) | vocational, social, physical and recreational training; |
| |
(c) | apprenticeship training. |
| |
(11) | The reference in subsection (1) to persons in a local authority’s area— |
| |
(a) | who are over compulsory school age but under 19, or |
| |
(b) | who are aged 19 or over but under 25 and are subject to learning |
| 10 |
| |
| does not include persons who are subject to a detention order within |
| |
the meaning given in section 562(1A). |
| |
15ZB | Co-operation in performance of section 15ZA duty |
| |
Local education authorities in England must co-operate with each other |
| 15 |
in performing their duties under section 15ZA(1).” |
| |
41 | Encouragement of education and training for persons over compulsory school |
| |
| |
After section 15ZB of the Education Act 1996 (c. 56) (inserted by section 40) |
| |
| 20 |
“15ZC | Encouragement of education and training for persons over |
| |
compulsory school age: England |
| |
(1) | A local education authority in England must— |
| |
(a) | encourage participation in education and training by persons in |
| |
their area who are within section 15ZA(1)(a) or (b); |
| 25 |
(b) | encourage employers to participate in the provision of |
| |
education and training for such persons. |
| |
(2) | For the purposes of subsection (1)(b), participating in the provision of |
| |
training includes participating by entering into— |
| |
(a) | an apprenticeship agreement (within the meaning given in |
| 30 |
section 30 of the Apprenticeships, Skills, Children and Learning |
| |
| |
(b) | any other contract of employment in connection with which |
| |
| |
(3) | In this section “education” and “training” have the same meanings as in |
| 35 |
| |
42 | LEA directions: children over compulsory school age |
| |
(1) | Chapter 1 of Part 3 of the School Standards and Framework Act 1998 (c. 31) is |
| |
| |
(2) | In section 84(6) (admissions code: interpretation) for the definition of “child” |
| 40 |
| |
| |
|
| |
| |
| |
““child” includes a person who has not attained the age of 19, |
| |
except in sections 96 and 97 in so far as those sections apply in |
| |
| |
(3) | After section 96(3) (direction to admit child to specified school) insert— |
| 5 |
“(3A) | A direction under this section to admit a child shall not specify a school |
| |
which has in place admission arrangements that make provision for |
| |
selection by ability falling within section 99(2)(c) unless the child |
| |
satisfies the selection criteria.” |
| |
43 | Power to require provision of education by institution within further |
| 10 |
| |
(1) | Before section 52 of the Further and Higher Education Act 1992 (c. 13) insert— |
| |
“51A | Duty to provide for named individuals: England |
| |
(1) | This section applies to an institution in England within the further |
| |
education sector which provides education suitable to the |
| 15 |
requirements of persons over compulsory school age but under the age |
| |
| |
(2) | A local education authority may by notice given to the governing body |
| |
| |
(a) | require them to provide specified individuals with such |
| 20 |
education falling within subsection (1) as is appropriate to the |
| |
individuals’ abilities and aptitudes; |
| |
(b) | withdraw such a requirement. |
| |
(3) | A local education authority may specify an individual in a notice under |
| |
subsection (2) only if the individual— |
| 25 |
(a) | is in the authority’s area, and |
| |
(b) | is over compulsory school age but under the age of 19. |
| |
(4) | The governing body of an institution within subsection (1) must secure |
| |
compliance with a requirement that has been imposed under |
| |
subsection (2) and has not been withdrawn. |
| 30 |
(5) | In deciding whether to require a particular institution to provide |
| |
education to a particular individual under subsection (2) a local |
| |
education authority in England must have regard to any guidance |
| |
given from time to time by the Secretary of State.” |
| |
(2) | In section 52 of that Act— |
| 35 |
(a) | in subsection (1) after “institution” insert “in Wales”; |
| |
(b) | in the title, at the end insert “: Wales”. |
| |
| |
| |
|
