Name of Educational Leave Scheme

Paid Educational leave

• Introduction
• Legal framework
• Objectives
• Types of training
• Training providers
• Target sector(s)
• Target group(s)
• Eligibility criteria
• Stipulations for participants
• Duration of training
• Status of participants
• Application procedure
• Regulation, control and monitoring procedures
• Funding mechanisms
• Overall funding level
• Payment to persons on leave
• Statistics

The UK ratified ILO conventions 140 and 142 in 1975 and 1977 respectively. However, the Time Off for Study or Training Regulations came into effect in England and Wales in 1999. This gives young people aged 16 and 17 the right to paid time off work to train or study for a Level 2 qualification. Similar new legislation came into effect in Scotland at the same time. Apart from this new legislation for young people, educational leave operates on a voluntarist basis. Government and employers invest heavily in lifelong learning and a raft of new initiatives has been launched to promote greater participation. For example, the new Learning and Skills Council for England which since April 2001 oversee post-16 and adult education and training will have an annual budget in excess of £5 billion. In the consultation process leading up to the new VET legislation (The Learning and Skills Act 2000) , the voluntarist principle was hotly debated by the social partners. The Trades Union Council strongly advocated a statutory framework for entitlement to workplace learning including the individual rights to paid educational leave, while employer organisations argued for maintaining the voluntarist principle. For most of the sections below, the information refers to England and Wales. The operation of the Time Off for Study or Training legislation in Scotland is broadly similar, though the detail of implementation may vary.

Part III of the Teaching and Higher Education Act 1998 (which amends the Employment Rights Act 1996) requires employers to permit certain young employees reasonable paid time off to study or train for a relevant qualification. The Right to Time Off for Study or Training Regulations 1999 provides the detail on the practical application of the right to time off, which came into effect on 1 September 1999. In Scotland, the Right to Time Off for Study or Training (Scotland) Regulations 1999 apply.

The objective is to give young people age 16 and 17 who left school with little or no qualifications a second-chance opportunity to work towards a Level 2 qualification.

The standard of achievement includes all Level 2 qualifications. This covers competence-based and normally workplace-based National Vocational Qualifications, school-based and broadly competence-based General National Vocational Qualifications and the traditional academic end-of-lower-secondary qualification the General Certificate of Secondary Education. Altogether in England and Wales there are over 600 qualifications to choose from.

Training can take place at the workplace, at college, with a private training provider or elsewhere.

The scheme covers all sectors and includes small employers (frequently omitted from other legislation).

Young employees aged 16 and 17 who left full-time education without a Level 2 qualification. The entitlement extends to 18-year-olds where they are continuing study or training started when they were 16 or 17.

All young people in the target group are eligible. (There are no further qualifying criteria like minimum number of hours worked or qualifying period of employment.)

The training or study undertaken must lead to a Level 2 qualification.

The legal entitlement is to reasonable time off. The law does not specify how much time off is reasonable but Government Ministers have suggested the equivalent of one day a week as a yardstick. The training can be undertaken on any reasonable basis - e.g. it can be spread throughout the working week, or be on a day-release or block-release basis.

Participants retain their normal employment status while on educational leave. The legislation states that participants are entitled to be paid remuneration by their employers for time taken off at the appropriate hourly rate, and it provides guidance on situations where there might possibly be conflict about what the normal hourly rate means in practice. The legislation does not provide specific guidance on other terms and conditions of employment, but the spirit of the legislation is grounded on the rule of what is reasonable.

Young people choose their course of study. It is likely that the study will frequently be undertaken as part of the National Traineeship programme (and established scheme funded by Government for young people to achieve a Level 2 qualification). Employers apply to local Training and Enterprise Council for funding.

The individual local Training and Enterprise Council (TEC) assesses whether a proposed course of study meets the criteria for funding under the scheme. Control and monitoring of progress will vary across TEC areas. (From April 2001 the role of TECs moved to the new Skills and Enterprise Council.)

When the course of training or study is undertaken as part of a National Traineeship or where it consists of work-based training leading to National Vocational Qualification Level 2, Government through the local TECs funds it. Even if neither of these options apply, employers can still apply to their TEC for a contribution towards the cost.

The amount of funding will vary from individual to individual but the Department for Education and Employment estimates that the average will be around £800 (c. EUR 1270) per employee per year.

The legal right to paid time off for 16- and 17 year-olds came into effect in September 1999 and comprehensive statistics on the uptake of the right are not available. However, it is likely that the majority of those participating will do so under the framework of the National Traineeship (NT) programme. The NT programme was introduced in September 1997 and at end of December 1998 over 30,000 young people had started an NT. Government targets were set to achieve 100,000 NTs overall in year 2000.