|
| |
|
(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 |
| 5 |
the part in question, relates would not improve— |
| |
(i) | the employee’s effectiveness in the employer’s business, |
| |
| |
(ii) | the performance of the employer’s business; |
| |
(b) | the burden of additional costs; |
| 10 |
(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; |
| 15 |
(h) | insufficiency of work during the periods the employee proposes |
| |
| |
(i) | planned structural changes; |
| |
(j) | any other grounds specified by the Secretary of State in |
| |
| 20 |
63G | Regulations about dealing with applications |
| |
(1) | Regulations under section 63F(4) may, in particular, include |
| |
| |
(a) | for the employee to have a right to be accompanied by a person |
| |
of a specified description when attending meetings held in |
| 25 |
relation to a section 63D application in accordance with any |
| |
| |
(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 |
| 30 |
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) to (c), for rights to |
| |
complain to an employment tribunal and not to be subjected to |
| |
a detriment, and about unfair dismissal; |
| 35 |
(e) | for section 63D applications to be treated as withdrawn in |
| |
| |
(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 |
| 40 |
application, or part of a section 63D application, made by an employee |
| |
in relation to particular study or training (the “agreed study or |
| |
| |
(2) | The employee must inform the employer if the employee— |
| |
(a) | fails to start the agreed study or training; |
| 45 |
(b) | fails to complete the agreed study or training; |
| |
|
| |
|
| |
|
(c) | undertakes, or proposes to undertake, study or training that |
| |
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). |
| 5 |
63I | Complaints to employment tribunals |
| |
(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), |
| |
| 10 |
(b) | the employer’s decision to refuse the application, or part of it, is |
| |
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 |
| 15 |
| |
(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 |
| |
| |
(a) | notifies the employee of a decision to refuse the application (or |
| 20 |
part of it) on appeal, or |
| |
(b) | commits a breach of regulations under section 63F(4), where the |
| |
breach is of a description specified by the Secretary of State in |
| |
| |
(4) | No complaint under this section may be made in respect of failure to |
| 25 |
comply with provision included in regulations under section 63F(4) |
| |
| |
(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 |
| |
| 30 |
(5) | An employment tribunal may not consider a complaint under this |
| |
section unless the complaint is presented— |
| |
(a) | before the end of the period of three months beginning with the |
| |
| |
(b) | within any further period that the tribunal considers |
| 35 |
reasonable, if the tribunal is satisfied that it was not reasonably |
| |
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 |
| 40 |
date on which the employee is notified of the decision on the |
| |
| |
(b) | in the case of a complaint permitted by subsection (3)(b), the |
| |
date on which the breach was committed. |
| |
| 45 |
(1) | If an employment tribunal finds a complaint under section 63I well- |
| |
founded it must make a declaration to that effect and may— |
| |
|
| |
|
| |
|
(a) | make an order for reconsideration of the section 63D |
| |
| |
(b) | make an award of compensation to be paid by the employer to |
| |
| |
(2) | The amount of any compensation must be the amount the tribunal |
| 5 |
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. |
| |
(4) | If an employment tribunal makes an order under subsection (1)(a), |
| 10 |
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). |
| |
| |
Regulations under this Part may make different provision for different |
| 15 |
| |
(3) | After section 47E (protection from suffering detriment in employment: flexible |
| |
| |
| |
(1) | An employee has the right not to be subjected to any detriment by any |
| 20 |
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 |
| |
employee under section 63F, |
| 25 |
(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 |
| |
dismissal within the meaning of Part 10.” |
| 30 |
(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— |
| 35 |
(a) | made (or proposed to make) a section 63D 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 |
| 40 |
constitute a ground for bringing such proceedings.” |
| |
(5) | Schedule 1 makes amendments to employment legislation relating to the |
| |
provision made by this section. |
| |
|
| |
|
| |
|
| |
| |
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— |
| 5 |
“15ZA | Duty in respect of education and training for persons over |
| |
compulsory school age: England |
| |
(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— |
| 10 |
(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 |
| |
| |
(2) | A local education authority may comply with subsection (1) by |
| |
securing the provision of education or training outside as well as within |
| 15 |
| |
(3) | In deciding for the purposes of subsection (1) whether education or |
| |
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; |
| 20 |
(b) | any learning difficulties the persons may have; |
| |
(c) | the quality of the education or training; |
| |
(d) | the locations and times at which the education or training is |
| |
| |
(4) | In performing the duty imposed by subsection (1) a local education |
| 25 |
| |
(a) | act with a view to encouraging diversity in the education and |
| |
training available to persons; |
| |
(b) | act with a view to increasing opportunities for persons to |
| |
| 30 |
(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; |
| |
(d) | take account of education and training whose provision the |
| |
authority think might reasonably be secured by other persons; |
| 35 |
(e) | make the best use of the authority’s resources and in particular |
| |
avoid provision that might give rise to disproportionate |
| |
| |
(5) | Provision is not to be considered as giving rise to disproportionate |
| |
expenditure only because it is more expensive than comparable |
| 40 |
| |
(6) | A local education authority must, in— |
| |
(a) | making any determination as to the provision of apprenticeship |
| |
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— |
| |
(a) | the person has a significantly greater difficulty in learning than |
| 5 |
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 |
| |
persons who are over compulsory school age. |
| 10 |
(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. |
| |
| 15 |
“apprenticeship training” means training provided in connection |
| |
| |
(a) | an apprenticeship agreement (within the meaning given |
| |
in section 30 of the Apprenticeships, Skills, Children and |
| |
| 20 |
(b) | any other contract of employment, or |
| |
(c) | any other kind of working in relation to which |
| |
alternative English completion conditions apply under |
| |
section 1(5) of that Act (duty to issue apprenticeship |
| |
| 25 |
“education” includes full-time and part-time education; |
| |
| |
(a) | full-time and part-time training; |
| |
(b) | vocational, social, physical and recreational training; |
| |
(c) | apprenticeship training. |
| 30 |
(10) | 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 |
| |
| |
| does not include persons who are subject to a detention order. |
| 35 |
15ZB | Co-operation in performance of section 15ZA duty |
| |
Local education authorities in England must co-operate with each other |
| |
in performing their duties under section 15ZA(1).” |
| |
41 | Encouragement of education and training for persons over compulsory school |
| |
| 40 |
After section 15ZB of the Education Act 1996 (c. 56) (inserted by section 40) |
| |
| |
“15ZC | Encouragement of education and training for persons over |
| |
compulsory school age: England |
| |
(1) | A local education authority in England must— |
| 45 |
|
| |
|
| |
|
(a) | encourage participation in education and training by persons in |
| |
their area who are within section 15ZA(1)(a) or (b); |
| |
(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 |
| 5 |
training includes participating by entering into— |
| |
(a) | an apprenticeship agreement (within the meaning given in |
| |
section 30 of the Apprenticeships, Skills, Children and Learning |
| |
| |
(b) | any other contract of employment in connection with which |
| 10 |
| |
(3) | In this section “education” and “training” have the same meanings as in |
| |
| |
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 |
| 15 |
| |
(2) | In section 84(6) (admissions code: interpretation) for the definition of “child” |
| |
| |
““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 |
| 20 |
| |
(3) | After section 96(3) (direction to admit child to specified school) insert— |
| |
“(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 |
| 25 |
satisfies the selection criteria.” |
| |
43 | Power to require provision of education by institution within further |
| |
| |
(1) | Before section 52 of the Further and Higher Education Act 1992 (c. 13) insert— |
| |
“51A | Duty to provide for named individuals: England |
| 30 |
(1) | This section applies to an institution in England within the further |
| |
education sector which provides education suitable to the |
| |
requirements of persons over compulsory school age but under the age |
| |
| |
(2) | A local education authority may by notice given to the governing body |
| 35 |
| |
(a) | require them to provide specified individuals with such |
| |
education falling within subsection (1) as is appropriate to the |
| |
individuals’ abilities and aptitudes; |
| |
(b) | withdraw such a requirement. |
| 40 |
(3) | A local education authority may specify an individual in a notice under |
| |
subsection (2) only if the individual— |
| |
(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. |
| |
(5) | In deciding whether to require a particular institution to provide |
| 5 |
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— |
| |
(a) | in subsection (1) after “institution” insert “in Wales”; |
| 10 |
(b) | in the title, at the end insert “: Wales”. |
| |
The core and additional entitlements |
| |
44 | Duties in relation to the core and additional entitlements |
| |
After section 17 of the Education Act 1996 insert— |
| |
“The core and additional entitlements: England |
| 15 |
17A | Duties in relation to the core and additional entitlements |
| |
(1) | A local education authority in England must exercise their functions in |
| |
such a way as to secure that the core entitlement and the additional |
| |
entitlement are satisfied in relation to persons in their area who are over |
| |
compulsory school age but under 19. |
| 20 |
(2) | A local education authority in England must exercise their functions |
| |
with a view to securing that courses of study within all the additional |
| |
entitlement areas are made available to persons in their area who are |
| |
over compulsory school age but under 19. |
| |
(3) | Subsection (2) does not apply to the extent that an authority decide that |
| 25 |
making available a course of study within a particular entitlement area |
| |
would involve disproportionate expenditure. |
| |
(4) | An authority may comply with subsection (2) by securing that courses |
| |
of study are available either within or outside their area. |
| |
(5) | Subsection (2) does not entitle a person— |
| 30 |
(a) | to follow a course of study within a particular additional |
| |
| |
(b) | to follow more than one course of study within different |
| |
additional entitlement areas. |
| |
| (See section 17D for provision conferring entitlement in relation to the |
| 35 |
additional entitlement areas.) |
| |
(6) | In exercising their functions as required by this section, a local |
| |
education authority in England must have regard to any guidance |
| |
given from time to time by the Secretary of State. |
| |
| 40 |
“additional entitlement area” has the meaning given by section |
| |
| |
|
| |
|