Learning and Skills Act 2000

Employment Act 1988 (c. 19)

14 In section 26 of the Employment Act 1988 (status of trainees etc) after subsection (1) insert—

“(1A) Where it appears to the Secretary of State that provision has been made under section 5(1)(c) or 34(1)(c) of the Learning and Skills Act 2000 for trainees to receive payments from the Learning and Skills Council for England or the National Council for Education and Training for Wales, the Secretary of State may by order provide—

(a) that those trainees are, for the purposes and in the cases specified or described in or determined under the order, to be treated in respect of the training as being or as not being employed;

(b) that where those trainees are treated as being employed they are to be treated as being the employees of the persons so specified, described or determined and of no others;

(c) that where those trainees are treated as not being employed they are to be treated in such other manner as may be so specified, described or determined; and

(d) that those payments are to be treated for the purposes of such enactments and subordinate legislation as may be so specified, described or determined in such manner as may be so specified, described or determined;

and for the purposes of this subsection trainees are persons receiving or proposing to receive training.”