§ Mr. HealeyTo ask the Secretary of State for Education and Employment if a participant on a European Social Fund course of training is designated as an employee for the purposes of the(a) Sex Discrimination Act 1975 and (b) Race Relations Act 1976. [85753]
§ Mr. Andrew SmithParticipation in a course part-funded by ESF does not in itself confer employment status on an individual. An individual could be participating in an ESF course of training as an employee of a company or on a work placement which may confer employment status as a result of the agreed contractual arrangement of the employer and the individual.
387WIf an individual is an employee then they are afforded the protection of the employment provisions of the Sex Discrimination Act 1975 and the Race Relations Act 1976.
§ Mr. HealeyTo ask the Secretary of State for Education and Employment if a participant on a European Social Fund course of training is entitled to take a complaint against(a) the training provider and (b) an employer with whom they may be doing work tasters or work placements as part of the course to an employment tribunal. [85754]
§ Mr. Andrew SmithA participant in any vocational training course whether or not part-funded by ESF is entitled to bring a complaint of discrimination on the grounds of sex and/or race against a training provider in relation to provision or non-provision of that training which can be heard before an employment tribunal. In addition to any employment rights which a trainee participating in a course may have, it is unlawful for an employer to discriminate on the grounds of sex, race or disability in the way he affords or omits to afford access to the opportunity for training in the course of the employment. Any complaint can be considered by an employment tribunal.