Employment Rights (Time Off for Study or Training) Regulations (Northern Ireland) 2000

Statutory Rules of Northern Ireland

2000 No. 193

EMPLOYMENT

Employment Rights (Time Off for Study or Training) Regulations (Northern Ireland) 2000

Made

23rd May 2000

Coming into operation

1st September 2000

The Department of Higher and Further Education, Training and Employment(1), in exercise of the powers conferred by Article 91A(1) and (2) of the Employment Rights (Northern Ireland) Order 1996(2), and with the approval of the Department of Education, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Employment Rights (Time Off for Study or Training) Regulations (Northern Ireland) 2000 and shall come into operation on 1st September 2000.

Interpretation

2.  In these Regulations—

“the 1996 Order” means the Employment Rights (Northern Ireland) Order 1996;

“BTEC” means Business and Technology Education Council;

“CSYS” means a Certificate of Sixth Year Studies;

“GCE ‘A’ level examination” and “GCE ‘AS’ examination” mean General Certificate of Education advanced level and advanced supplementry examinations respectively;

“GCSE” means General Certificate of Secondary Education;

“GNVQ” means a General National Vocational Qualification;

“GSVQ” means a General Scottish Vocational Qualification;

“NVQ” means a National Vocational Qualification;

“SQA” means the Scottish Qualifications Authority;

“SVQ” means a Scottish Vocational Qualification.

Standard of achievement

3.—(1) For the purposes of Article 91A(1) of the 1996 Order and subject to paragraphs (2) to (4) the standard of achievement shall be as follows:

(a) grades A* to C in five subjects in GCSE examinations;

(b) SQA Standard Grades at grades 1 to 3 in five subjects;

(c) one Intermediate level GNVQ or one GSVQ at level 2;

(d) one NVQ or SVQ at level 2;

(e) one BTEC First Certificate awarded by the first Edexcel Foundation;

(f) one BTEC First Diploma awarded by the Edexcel Foundation;

(g) the City and Guilds of London Institute Diploma of Vocational Education at Intermediate level; or

(h) 16 SQA unit or assessment credits at least 8 of which are at Intermediate 2 or above and the remainder at Intermediate 1, where unit credits are awarded on the basis of 1 per 40 hour SQA National Unit or National Certificate module or SQA Short Course and pro rata for SQA National Units or National Certificate module of different duration.

(2) For the purpose of paragraph (1):

(a) where an employee has been awarded a Part One GNVQ (Intermediate level) he shall be treated as having achieved grade A* to C in two GCSE subjects:

(b) where an employee has been awarded a GNVQ Language Unit (Intermediate level) he shall be treated as having achieved grade A in half a GCSE subject;

(c) where an employee has been awarded a grade in an examination relating to a GCSE short course, he shall be treated as having achieved that grade in half a GCSE subject;

(d) where an employee has been awarded—

(i) a SQA Standard Grade at grades 1 to 2, he shall be treated as having achieved 4 SQV unit or assessment credits at Intermediate 2,

(ii) a SQA Standard Grade at grade 3, he shall be treated as having achieved 4 SQV unit or assessment credits at Intermediate 1,

(iii) a GSVQ at level 1, he shall be treated as having achieved 12 SQA unit or assessment credits at Intermediate 1,

in any case such unit credits being treated as awarded on the basis of 1 per 40 hour SQA National Unit;

(e) where an employee has been awarded an SQA National Certificate module or SQA National Unit of 40 hours duration or an SQA Short Course and the relevant certificate does not specify the level of award—

(i) if the title of the module, unit or Short Course ends with the numeral “3” or higher, he shall be treated as having an SQA unit credit at Intermediate 2, and

(ii) in any other case, he shall be treated as having achieved an SQA unit credit at Intermediate 1; and

(f) sub-paragraph (e) shall also apply in the case of an employee awarded an SQA National Certificate module or SQA National Unit of a duration other than 40 hours where the relevant certificate does not specify the level of award, subject to the modification that the unit credits shall be treated as awarded in that case on the same basis as is specified in paragraph (1)(h).

(3) Where an employee has been awarded any of the qualifications specified in paragraph (4) he shall be treated as having attained the standard of achievement for the purposes of Article 91A(1) of the 1996 Order.

(4) The qualifications referred to in paragraph (3) are:

(a) grades A to E in one GCE ‘A’ level examination;

(b) grades A to E in GCE ‘AS’ examination;

(c) one Advanced Level GNVQ or one GSVQ at level 3;

(d) one SQA Higher Grade at grades A to C;

(e) one CSYS at grades A to C; and

(f) one NVQ or SVQ at level 3.

Awarding bodies

4.  The awarding bodies listed in the Schedule (whether acting alone or jointly with any other body) are hereby specified for the purposes of Article 91A(2)(c) of the 1996 Order.

Sealed with the Official Seal of the Department of Higher and Further Education, Training and Employment on 23rd May 2000.

L.S.

R. B. Gamble

A senior officer of the

Department of Higher and Further Education, Training and Employment

The Department of Education hereby approves these Regulations.

Sealed with the Official Seal of the Department of Education on 23rd May 2000.

L.S.

C. Jendoubi (Mrs)

A senior officer of the

Department of Education

Regulation 4

SCHEDULE Awarding Bodies

A.  GCSE and GNVQ Awarding Bodies

• Assessment and Qualifications Alliance

• Edexcel Foundation

• Northern Ireland Council for the Curriculum, Examinations and Assessment Oxford, Cambridge and RSQ Examinations

• Welsh Joint Education Committee

B.  NVQ Awarding Bodies

• Association of Accounting Technicians

• Association of Industrial Truck Trainers

• Automotive Management and Development Limited

• Awarding Body for the Built Environment

• The British Computer Society

• The British Horse Society

• British Horseracing Training Board

• British Polymer Training Association

• CABWI Awarding Body

• Central Council for Education and Training in Social Work

• Chartered Institute of Bankers

• City and Guilds of London Institute

• Confederation of International Beauty Therapy and Cosmetology

• Construction Industry Training Board

• Construction Industry Training Board Northern Ireland

• Council for Awards in Children’s Care and Education

• Distributive Occupational Standards Council

• Edexcel Foundation

• EMTA Awards Limited

• Engineering Construction Industry Training Board

• Engineering Training Council (Northern Ireland)

• EPIC

• Fibreboard Awarding Body

• Glass Qualifications Authority

• Hospitality Awarding Body

• Institute of Linguists Education Trust

• The Institute of Management Foundation

• The Institute of the Motor Industry

• Institute of Personnel and Development

• Institute of Supervision and Management

• Joint Examining Board

• Joint Industry Board for the Electrical Contracting Industry

• Leather Producing Industry Vocational Qualifications Board

• London Chamber of Commerce & Industry Examinations Board

• Local Government Management Board

• Management Verification Consortium Ltd

• Meat Training Council

• NCC Education Services Ltd

• National Examining Board for Supervisory Management

• National Fencing Training Authority

• National Proficiency Tests Council

• Oxford, Cambridge and RSA Examinations

• The Open University

• Pitman Qualifications

• Process Awards Authority

• Qualifications for Industry Ltd

• The Royal College of Veterinary Surgeons

• Security Industry Training Organisation/Parking Committee for London

• Steel Industry Qualifications Board

• Telecommunications Vocational Standards Council

• Vocational Qualifications in Science, Engineering & Technology

• Vocational Training Charitable Trust

C.  National Entry Level Qualifications Awarding Bodies

• Assessment and Qualifications Alliance

• Edexcel Foundation

• Languages Development Centre (St Martin’s College)

• Northern Ireland Council for the Curriculum, Examinations and Assessment

• Oxford, Cambridge and RSA Examinations

• The Christian Theology Trust

• Welsh Joint Education Committee

Explanatory Note

(This note is not part of the Regulations.)

These Regulations, which are made under Article 91A of the Employment Rights (Northern Ireland) Order 1996 (the “1996 Order”), set out the standard of achievement which is prescribed for the purposes of Article 91A(1)(c) of the 1996 Order (regulation 3). An employee who has not attained the standard of achievement has a right to take time off for study or training leading to a relevant qualification.

The Regulations also list in the Schedule the qualification awarding bodies which are specified for the purposes of Article 91A(2).

(1)

The Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999 (S.R. 1999 No. 481) transferred functions under the Employment Rights (Northern Ireland) Order 1996 to the Department of Higher and Further Education, Training and Employment

(2)

S.I. 1996/191 (N.I. 16). Article 91A was inserted by Article 3 of the Employment Rights (Time Off for Study or Training) (Northern Ireland) Order 1998 (S.I. 1998/1761 (N.I. 15)