Time Off Work for Training

From April 6 2010, if you work for an organisation that has 250 or more staff you have the right to request time off work to undertake study or training. However, from 6 April 2011, the right will apply to all employees, regardless of the size of the employer.

 

Not all training requests must be made using the new statutory procedure. It is likely to be the case where existing systems are in place to request training, these can still be followed. 

 

In order to qualify for the right to make the statutory request, you must have 26 weeks of continuous service. The training must be for the purpose of improving your effectiveness at work and improving the performance of the business.

 

You are only entitled to make one application in any 12 month period and must set out your her request in writing, date it and include certain required information. Amongst the required information is a statement that the request is made under Section 63 D of the Employment Rights Act 1996.

 

Granted applications

 

If the request is granted, you have no right to receive payment for this time off but your employer may nonetheless consider paying you as if they granted your request, then they are recognising that the training is for the dual and related purposes of improving your effectiveness at work and the improving the performance of the business.

 

Refused applications

 

Just like flexible working, it should not normally be too difficult for an employer to identify a ‘permissible’ reason for refusing a ‘time off for training’ request.

As an employee, you cannot bring a claim under the new law asking an employment tribunal to substitute its own decision for the employer’s on whether the application should have been granted. However, again just like flexible working, this does not exclude the possibility that an employee may successfully bring a discrimination claim arising out of the same refusal.

 

Where an employer fails to follow the correct procedure, an employment tribunal has the power to award up to eight weeks’ pay.