Education and Skills Act 2008 (c. 25)

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

Chapter 3 E+W Employers

Prospective

Commencement of employment E+W

21 Appropriate arrangements to be in place before employment begins E+W

(1) A person must not, as employer, enter into a relevant contract of employment with a person to whom this Part applies without being satisfied, having taken all such steps as are reasonable to ascertain, that the person has made appropriate arrangements for training or education.

(2) In the case of a relevant contract of employment which provides for commencement of the employment to be conditional on the employee's having made such arrangements—

(a) subsection (1) does not apply, but

(b) the employer must not permit the employment to commence, at a time when the employee is a person to whom this Part applies, without being satisfied, having taken all such steps as are reasonable to ascertain, that the employee has made appropriate arrangements for training or education.

(3) Failure to comply with this section in relation to a contract of employment is not to be taken to affect the validity of the contract.