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Employees can now ask for time off to train

07 April 2010

The new right to request time off to train came into force on 6 April 2010 for employers with 250 or more staff. It is expected to apply to all other employers from 6 April 2011.

What is the new right?

The new entitlement is not to actually be given time off work to study or train, but simply the right to request time off and have that request properly considered by the employer.
Employers will be able to refuse such a request on the various grounds specified in the legislation.

The way the new right is structured is similar in many ways to the current right to request flexible working. There is a prescribed procedure and time limits for making and dealing with requests.

There are few limits on the type of training that the employee wishes to undertake. For example, it does not need to lead to a formal qualification and there are no minimum or maximum time frames. The training could be undertaken on the employer’s premises, at the employee’s home or elsewhere and may be supervised or unsupervised. 

The only formal requirement is that the training must be intended to both improve the employee’s effectiveness in the business and the effectiveness of the business itself.

Eligibility to request time off

Only employees (not agency workers) will be able to make a request for time off to train and only once if they have been employed for at least 26 weeks.

Employees will generally only be able to make one application in any 12 month period.

Does the employer have to pay?

Employers will not be required to fund any study or training that an employee making such a request wishes to undertake.

Even where such a request is granted there does not appear to be a requirement on employers to give the employee paid time off. Payment arrangements for time off for study and training will therefore be a matter for agreement between the parties.

However, where the employee is paid at or just above the national minimum wage rate employers need to remember that for the purposes of the national minimum wage legislation time spent training or, travelling to training during what would otherwise be working hours, is treated as working time.

Employers should be careful to implement any policy as regards paid time off for training or study consistently in order to avoid discrimination claims.

Enforcement

An employee will be able to bring a claim in the employment tribunal that an employer’s decision to refuse their request:

A tribunal will be able to order the employer to reconsider the request and make an award of compensation of up to a maximum of eight weeks’ pay (subject to the statutory cap, currently £380 per week). 

Employees will also be protected against detriment and dismissal on the grounds that they have made a request for time off to train.

Action points for employers

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Get in touch

Louise Randall

Associate
T: 03700 86 6911
I: +44 (0)1489 61 6911
E: louise.randall@shoosmiths.co.uk