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Time to train

Employees' new right to request time off for training - all you need to know

From 6 April 2010, around 11 million UK employees will have a new right to request time off to undertake study or training. This is only applicable to businesses that have 250 employees or more, but will be extended to all organisations, regardless of size, from April 2011.

Modelled on the right to request flexible working arrangements, employers will be legally obliged to consider requests that they receive, but will also be able to refuse a request where they believe there are “good business reasons” for doing so.

It can be hard for some to see the business benefits from this movement, especially for those who are managing a tight budget and an employee base who are keen to expand their skills and knowledge. A really good starting point would be to first identify if a skills gap exists within your business. To do this you’ll need to envisage where you want your company to be in 5 years, and the skills you need your workforce to have in order to attain it. Once you’ve identified your skills gap, you can look forward to developing a competitive and productive, learning organisation.

Your legal requirements in accordance to ‘Time to Train’ – some guidance:

Are there any timescales I need to be aware of

There are a few strict timescales that MUST be adhered to. Within 28 days of receiving a valid request you must either:

• accept the request on the basis of the information set out in the individual's written request and inform the employee of your decision in writing
• meet with the employee to discuss their request - then within 14 days of that meeting, you must inform the employee of your decision in writing

If you feel you need more information before making a final decision, you can ask the employee for additional information. If they refuse to provide you with the relevant information, you can inform the employee in writing that you consider their request withdrawn.

Who doesn't have the right?

Under the new legislation, some groups will not have the right to request time off for training, including:

• agency workers
• members of the armed forces
• young people of compulsory school age (or, in Scotland, school age)
• young people who already have a statutory right to paid time off to undertake study or training (under section 63A of the Employment Rights Act 1996)
• 16 or 17 year olds who are already under a duty to participate in education or training as a result of Part 1 of the Education and Skills Act 2008
• 18 year olds who are treated as if Part 1 of the Education and Skills Act 2008 applies to them

However, you CAN consider requests from employees who are not eligible for the new right, and remember, only those who have worked for you continuously for at least 26 weeks will be eligible to make a request.

When can I refuse a request?

Knowing when you are able to refuse a request can be difficult. You might refuse a request for one of the following reasons:

• The planned training wouldn't improve the employee's effectiveness in your business or the performance of your business
• The burden of additional costs would be too great
• The planned training would have a damaging effect on your ability to meet customer demand or impact on the quality and performance of your business
• There are planned structural changes to the business during the proposed period.

Can an employee appeal against my refusal?

There might be occasions where an employee decides to appeal against your refusal, if so he/she has 14 days to appeal. Again, strict timetable provisions apply in respect of making and dealing with any appeal. Employees can bring an employment tribunal claim if their appeal fails, but only on limited grounds and the maximum award will be only eight week’s pay (subject to the £380 weekly limit) – i.e. £3,040.

Now, more than ever, we need learning and training opportunities in place that empower people to gain the skills and training they need to get on. Many businesses and organisations are really good at training their staff and already recognise the benefits of having a highly skilled and motivated workforce. While two-thirds of businesses do train their staff, we need to encourage employers and employees who do not to speak about training opportunities. Kevin Brennan, Skills minister.