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 2 — Study and training
20

(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,
or
(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
to work;
(i)
planned structural changes;
(j)
any other grounds specified by the Secretary of State in
regulations.
20
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
25
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
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for section 63D applications to be treated as withdrawn in
specified circumstances.
(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
training”).
(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;

Apprenticeships, Skills, Children and Learning Bill
Part 1 — Apprenticeships, study and training
Chapter 2 — Study and training
21

(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),
or
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
withdrawn.
(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
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
regulations.
(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)
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).
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
relevant date, or
(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
appeal;
(b)
in the case of a complaint permitted by subsection (3)(b), the
date on which the breach was committed.
63J
Remedies
45
(1)
If an employment tribunal finds a complaint under section 63I well-
founded it must make a declaration to that effect and may—

Apprenticeships, Skills, Children and Learning Bill
Part 1 — Apprenticeships, study and training
Chapter 2 — Study and training
22

(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.
(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).
63K
Supplementary
Regulations under this Part may make different provision for different
15
cases.”
(3)
After section 47E (protection from suffering detriment in employment: flexible
working) insert—
“47F
Study and training
(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—
“104E
Study and training
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.

Apprenticeships, Skills, Children and Learning Bill
Part 2 — LEA functions
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Part 2
LEA functions
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
difficulty assessment.
(2)
A local education authority may comply with subsection (1) by
securing the provision of education or training outside as well as within
15
their area.
(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
provided.
(4)
In performing the duty imposed by subsection (1) a local education
25
authority must—
(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
exercise choice;
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
expenditure.
(5)
Provision is not to be considered as giving rise to disproportionate
expenditure only because it is more expensive than comparable
40
provision.
(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

Apprenticeships, Skills, Children and Learning Bill
Part 2 — LEA functions
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(b)
securing the provision of any apprenticeship training under
that subsection,

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.
(9)
In this section—
15
“apprenticeship training” means training provided in connection
with—
(a)
an apprenticeship agreement (within the meaning given
in section 30 of the Apprenticeships, Skills, Children and
Learning Act 2009),
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
certificates);
25
“education” includes full-time and part-time education;
“training” includes—
(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
difficulty assessment,

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
age
40
After section 15ZB of the Education Act 1996 (c. 56) (inserted by section 40)
insert—
“15ZC
Encouragement of education and training for persons over
compulsory school age: England
(1)
A local education authority in England must—
45

Apprenticeships, Skills, Children and Learning Bill
Part 2 — LEA functions
25

(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
Act 2009), or
(b)
any other contract of employment in connection with which
10
training is provided.
(3)
In this section “education” and “training” have the same meanings as in
section 15ZA.”
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
amended as follows.
(2)
In section 84(6) (admissions code: interpretation) for the definition of “child”
substitute—
““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
relation to Wales;”
(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
education sector
(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
of 19.
(2)
A local education authority may by notice given to the governing body
35
of such an institution—
(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

Apprenticeships, Skills, Children and Learning Bill
Part 2 — LEA functions
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(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
entitlement area, or
(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.
(7)
In this section—
40
“additional entitlement area” has the meaning given by section
17D(2);