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The Employee Study and Training (Qualifying Period of Employment) Regulations 2010

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2010, ISBN 9780111492116

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under section 236(3) of the Employment Rights Act 1996, for approval by resolution of each House of Parliament.

Employment And Training

Made ***

Coming into force 6th April 2010

The Secretary of State for Business, Innovation and Skills makes these Regulations in exercise of the power conferred by section 63D(6)(a) of the Employment Rights Act 1996f1 (“the Act”).

A draft of these Regulations was laid before Parliament in accordance with section 236(3) of the Actf2 and approved by resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

1996 c.18; section 63D was inserted by section 40 of the Apprenticeships, Skills, Children and Learning Act 2009 (c.22).

f2

Section 236(3) was amended by the Employment Relations Act 1999 (c.26), Schedule 4, Part III, paragraphs 5 and 42(1) and (3) and the Apprenticeships, Skills, Children and Learning Act 2009 (c.22), Schedule 1, paragraph 11.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Duration of employment
  3. Signature
  4. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Employee Study and Training (Qualifying Period of Employment) Regulations 2010 and come into force on 6th April 2010.

(2)

In these Regulations, “the 1996 Act” means the Employment Rights Act 1996.

2Duration of employment

(1)

[63D(6)(a)] For the purposes of section 63D(6) of the 1996 Act, in order to be a qualifying employee, an employee must have been continuously employed for a period of not less than 26 weeks.

(2)

In paragraph (1), a period of continuous employment means a period computed in accordance with Chapter 1 of Part 14 of the 1996 Actf1, as if that paragraph were a provision of that Act.

Signature

Name

Minister of State

Department for Business, Innovation and Skills

Date

Explanatory note

(This note is not part of the Regulations)

These regulations relate to the right to make an application under section 63D of the Employment Rights Act 1996 (“the 1996 Act”) to enable an employee to spend time undertaking study or training.

The right to make a section 63D application is available to “qualifying employees”. Regulation 2 specifies that employees must have 26 weeks’ continuous service in order to be a qualifying employee.

A full impact assessment of the effect that these Regulations will have on the costs of business is available from the Department for Business, Innovation and Skills, 1 Victoria Street, London, SW1H 0ET.