This article considers the extent to which the legal framework of Higher Education in the UK (2000- 2010) responded to the needs of the professional work-based student, while in both employment and study. Drawing on Case Law, Education Law and the body of literature on Work-Based Learning (WBL) it discusses the context of the professional student and the relationship between the learner, the employer and the HEI, primarily from a legal perspective. Professional work- based students usually gain highly work-applicable learning through creative academic and experiential methodologies, however they are situated between the provisions of education law and employment law without specific legal protection for their position. This article argues for a more creative approach to brokering an innovative, ethical and productive relationship between the HEI, the employer and the employee as a work-based learner. More effective relationships between these key stakeholders would enable the proper recognition, accreditation and safeguarding of a highly creative way of adult learning.