Pearson Hinchliffe Solicitors - Professional Understanding - Advising - Supporting - Delivering

Time Off For Training

The legislation gives employees the legal right to ask for time off.

From today, employees will be given the right to ask for time off work for study or training says solicitor Susan Mayall of Pearson Hinchliffe Commercial Law's employment department . 

The new rules, coming under the Apprenticeships, Skills, Children and Learning Act 2009, are modelled on the right to request flexible working.

Susan Mayall said: "This means that employers will be able to refuse an employee’s request as long as they can prove that it would be detrimental to the business". 

Which employees have the right to request time off for training?

Ms Mayall added: “The new right is not without limitations; for example, the employee will need to prove that the training will make him/ her more effective in their job and will improve the performance of the business. The right will also only apply to employees with more than 26 weeks’ service. Nor will the employer be required to meet the salary or training costs associated with the request for time off.”

Initially only businesses with 250 or more staff will be obliged to give "serious consideration" to request made by an employee to take time off to train.  It is likely smaller firms will not be caught by the legislation until April 2011 or later.

The Right to Request Time off for Training Procedure

If an employee makes a request for time off for training, the employer must either accept or arrange a meeting with the employee making the request within 28 days; The right to request time off for training has a similar procedure to the right to request flexible working:

• The employee may be accompanied to the meeting by another colleague or union representative;
• If the request is refused, the employee has a right to appeal;
• The Employer must make the decision to accept or refuse the time off for training request within 14 days;
• It is permissable for employers to partially accept a request.

What are the Grounds for Refusal of a Request for Time off for Training?

The employer’s response must specify, in sufficient detail, why the relevant reason or reasons apply. These may include:

• That the proposed study or training is not applicable or relevant to the role being undertaken;
• That  it would not improve the employee's effectiveness;
• An inability to reorganise work among existing staff; 
• There would be a detrimantel effect on the quality of work;
• If the request were grantred it would have a detrimental effect on the employee's ability to meet customer demand;   
• Or that there would be a conflict with planned structural change.