Education employers

Who is the education employer?

In England and Wales, the range of bodies which employ or contract with others to manage and organise work experience are:

• the local education authority;
• governing bodies of certain categories of maintained schools such as foundation and voluntary aided schools, and those in the private sector.

In Scotland: education authorities.

In some private schools: the school proprietor.

What is their role?

The education employer is responsible for implementing work experience. They may employ, or contract with, others to manage and organise work experience placements.

The education employer may additionally act as a placement organiser, usually through educational establishments such as schools and colleges.

The law

The Health and Safety at Work etc Act 1974

The education employer must ensure, so far as is reasonably practicable, that employees – eg teachers and non-employees, and including students on work experience – are not exposed to significant risks to their health and safety. These legal health and safety responsibilities cannot be delegated.

The Education Act 2002

Arrangements must be in place to safeguard and promote the welfare of children. Specific guidance is available relating to work experience in England, Scotland and Wales.

Health and safety responsibilities

Education employers have the following responsibilities:

• To ensure, so far as is reasonably practicable:
  • partners involved in arranging work experience, such as placement providers, contractors and sub-contractors, comply with health and safety law;
  • students on work experience are not exposed to risks to their health and safety;
  • work experience placements are suitable in terms of welfare and health and safety, whether identified and arranged by organisers, or by the students themselves;
  • the organiser is competent, and will make the necessary arrangements for assessing the suitability of placements;
  • employees such as visiting school staff are not exposed to risk.
• To ensure that educational establishments, schools and colleges provide organisers with relevant information about students, for example about their health. Organisers also need to be informed of any factors which might be expected to affect their ability to understand and respond to information and instructions about health and safety at work. This might, for example, include information about learning disabilities or language problems.
• To have a clear policy on health and safety, including work experience. The policy on work experience should have clearly defined responsibilities, and monitoring should take place regularly. It is essential that there is good communication between the partners involved in the work experience placement.
• If the education employer also acts as the organiser they will have additional responsibilities.

Further guidance

This guidance does not attempt to deal with the wide range of complex arrangements for organising placements across England, Scotland and Wales. Visit the useful links section to review these.