PART 2DISCRIMINATION IN EMPLOYMENT AND VOCATIONAL TRAINING

The provision of vocational training20

1

It is unlawful, in relation to a person seeking or undergoing training, for any training provider to discriminate against him—

a

in the arrangements he makes for the purpose of determining to whom he should offer training;

b

in the terms on which the training provider affords him access to any training;

c

by refusing or deliberately not affording him such access;

d

by terminating his training; or

e

by subjecting him to any other detriment during his training.

2

It is unlawful for a training provider, in relation to a person seeking or undergoing training, to subject him to harassment.

3

Paragraph (1) does not apply if the discrimination concerns training that would only fit a person for employment which, by virtue of regulation 8 (exception for genuine occupational requirement etc), the employer could lawfully refuse to offer the person seeking training.

4

In this regulation—

  • “professional or trade qualification” has the same meaning as in regulation 19;

  • “registered pupil” has the meaning given by section 434 of the Education Act 199624;

  • “training” means—

    1. a

      all types and all levels of training which would help fit a person for any employment;

    2. b

      vocational guidance;

    3. c

      facilities for training;

    4. d

      practical work experience provided by an employer to a person whom he does not employ; and

    5. e

      any assessment related to the award of any professional or trade qualification;

  • “training provider” means any person who provides, or makes arrangements for the provision of, training, but it does not include—

    1. a

      an employer in relation to training for persons employed by him;

    2. b

      a governing body of an educational establishment to which regulation 23 (institutions of further and higher education) applies, or would apply but for the operation of any other provision of these Regulations; or

    3. c

      a proprietor of a school in relation to any registered pupil.