Section 138(6)

For the purposes of subsection (3)(b)(ii) a period of retraining is agreed in accordance with this subsection only if the agreement— is made between the employer and the employee or his representative before the employee starts work under the contract as renewed, or the new contract, is in writing, specifies the date on which the period of retraining ends, and specifies the terms and conditions of employment which will apply in the employee’s case after the end of that period.

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Source: legislation.gov.uk · retrieved 2026-09-04