Education and Skills Act 2008 (c. 25)

Part 1 E+W Duty to participate in education or training: England

Chapter 3 E+W Employers

Supplementary E+W

Prospective

37 Right not to suffer detriment E+W

After section 47A of the Employment Rights Act 1996 (c. 18) insert—

“47AA Employees in England aged 16 or 17 participating in education or training

(1) An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that, being a person entitled to be permitted to participate in education or training by section 27 or 28 of the Education and Skills Act 2008, the employee exercised, or proposed to exercise, that right.

(2) This section does not apply where the detriment in question amounts to dismissal (within the meaning of Part 10).”