On the 1st September 1999 the Government changed the Legislation of the 1996 Employment Rights Act. Young people aged 16 - 18 who have not achieved a level 2 qualification are entitled to reasonable paid time to study either through a College, Sixth Form or a Work Based Training route.

Level 2 is equivalent to:

• 5 GCSEs Grade A*-C or,
• 1 intermediate Level GNVQ or,
• an NVQ Level 2 or,
• BTEC 1st Certificate or Diploma.

Who is eligible?

All 16 - 17 year olds who have left school or college with qualifications lower than Level 2.

18 year olds who have started their training whilst they were 17 years old.

Small firms are not exempt from this legislation and you do not have to be employed for any length of time to be eligible.

The only young people who are exempt from this legislation are 16 - 18 year olds who are independent contractors or freelancers, work outside Great Britain or on an oilrig, or a member of the Armed Forces.

Your entitlement

You are entitled to a reasonable time to study or train to level 2.

Your employer must pay you your normal hourly rate whilst you are training or studying.

If an employer unreasonably refuses you time for study, does not pay the full amount due or you experience some victimisation or detrimental treatment then you have the right to make a formal complaint to an Employment Tribunal.

Commitment from you and benefits to your employer

The time you are allowed has to be a balance between the amount you need to successfully train or study and the effect this time will have on the running of the business by your employer.

The type of study you do does not have to relate to the type of work you do, however there will be a number of Foundation and Advanced Modern Apprenticeships and other Work Based Training leading to Level 2 already set up in your area which will allow you to learn real skills in the workplace.

You will be expected to attend the college or place of training. If you do not attend whilst you are receiving a wage, you may be liable for disciplinary procedures. In return it is hoped that by investing in your training or study, your employer will have the skilled staff he/she needs to guarantee economic success for his/her business.

Further help and advice

In the case of you not being able to agree a reasonable amount of time or some other dispute with your employer you can get impartial advice and guidance from your local Connexions Centre or from the Advisory, Conciliation and Arbitration Service (ACAS).  See weblink at the bottom of this page.

Connexions Cumbria can also help you discuss Time For Study with your employer, if you wish, or put you in touch with local Training Providers and Colleges to organise your training or study.