Did you volunteer to opt-out?
The Working Time Regulations introduced a legal maximum average working
week of 48 hours. This 48 hour maximum is a statutory requirement that
must apply to all contracts, unless the individual employee agrees voluntarily
and in writing to opt-out. The significant factor here is the voluntary
nature of the opt-out; and the ability of any employee to terminate
the opt-out unilaterally.
Despite this, we are seeing an increasing number of employment contracts
that contain clauses designed to secure an automatic opt out of the
maximum 48 hour working week.
Employers should be reminded that they cannot force an employee to sign
an opt-out; and that employees who refuse to sign can complain to a
tribunal if they suffer any detriment as a result.
Any member who has already signed a contract that includes an opt-out
clause, has a legal right to terminate the opt-out. This can be done
by giving not less than seven days notice in writing, or up to three
months notice if specified in the contract (as is often the case).
A link to further information on the Working Time Regulations can be
found on the DTI employment relations web site www.dti.gov.uk/er
YOUNG PEOPLE’S LEARNING PROGRAMMES
Martin Lamb, Assistant Director at the national LSC, gave a comprehensive
view of the developments taking place in young people’s learning
programmes at the ACM seminar in Birmingham. This event provided a lively,
two-way exchange of views between practitioners and a national figure
central to managing educational change.
Martin began by reflecting upon the remit of the LSC and its role in
integrating the planning and funding of post-16 education. To promote
the vision of a Learning Society, the LSC needs to be both change agent
and a moderniser of our educational services.
Where young people’s programmes are concerned, he was clear that
this meant translating the national strategy into plans that met local
needs accurately. The dual considerations of the Workforce Development
Strategy and programme development, particularly Vocational Pathways,
are central to achieving this outcome.
He reported on the progress of sector skills strategies and the radical
review of NTOs that will streamline development and accreditation in
vocational qualification. Sector Skills Councils are now planned to
replace NTOs. He also referred to the role and remit of the Performance
Information Unit (PIU). This central operation has arisen from technological
developments combined with systematic monitoring. Specific, detailed
information on colleges’ performance is now readily available to
government.
Most radical, however, were the plans for Vocational GCSEs. These qualifications
for 14-16 year olds are planned to be delivered mainly in colleges.
Bids for provision will be invited from consortia of schools and colleges
and additional monies will need to be made available to support this
initiative. The new ConneXions service is to play a key role in the
rolling out of this development to the target group of learners. Also,
legislation will be addressed to ensure it is appropriately funded and
managed.
Debate turned to issues relating to the retention of young people in
post-compulsory education. The consensus was that accurate threshold
guidance, staff turnover and quality of delivery are the key success
factors. Also, EMAs were deemed to be extremely successful although
the system raised issues over administration.
Martin’s input also included COVEs, MAs, widening participation
and access to higher education. The seminar covered a range of issues
that stimulated lively debate and ACM is grateful to Martin for sharing
his insights with us.
ACM/TES DEBATE REMINDER
Monday 11th February 2002, London
Ann Limb, Chief Executive of the University for Industry, and Lynne
Sedgmore, Principal & Chief Executive of Guildford College, will
debate the essential skills of successful leaders from the national
and college perspectives. Ian Nash, FE Editor of the TES, will chair
the debate.
To book your place at the debate telephone 0116 275 5076 or by email
at admin@acm.uk.com