This debate probably indicates that a wise local authority, since it has discretion over whether to bring in enforcement action, would not do so because it would open such a can of worms that it really would not be worth pursuing. The Minister might ponder on these issues because it seems that the contortions and difficulties raised by these clauses are hardly worth it. From that point of view, perhaps the Government need to think seriously about whether there is a simpler way of ensuring that employers allow young people the right amount of time off the job for their education and training.
The Minister said that Clause 25 applies only after the young person is in employment. My understanding of the Bill is that the duty lies upon the young person to fix up their education and training for themselves. It is possible that they may go into a job where training is supplied by the employer—obviously this applies in apprenticeships—but, in so far as the employer does not provide training, it is the duty of the young person to fix up for himself the requisite amount. Therefore, if a young person comes into employment, under Clause 21(2)(b), "““the employer must not permit the employment to commence, at a time when the employee is a person to whom this Part applies—"
that is, a person who has fixed up some training— "““without being satisfied, having taken all such steps as are reasonable to ascertain, that the employee has made appropriate arrangements for training or education””."
The young person concerned may well say, ““I have fixed up to go to the college on such and such days””, and then these arrangements somehow fall through. I take it that that is when Clause 25 kicks in and there are let-outs for the employer. Very often the employer may not know precisely what the arrangements are until after the young person concerned has entered into employment. Perhaps the Minister would like to ponder on this and come back on it.
Education and Skills Bill
Proceeding contribution from
Baroness Sharp of Guildford
(Liberal Democrat)
in the House of Lords on Thursday, 3 July 2008.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Education and Skills Bill.
About this proceeding contribution
Reference
703 c452 Session
2007-08Chamber / Committee
House of Lords chamberSubjects
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