Legal Ease
Employees' Right to Request "Time to Train"
Employees who work in an organisation with 250 or more employees currently have the statutory (legal) right to request time for study or training. This right is known as 'time to train'.
This right for 'time to train' is due to be extended to all employees from April 2011. However the Government has issued a consultation to ascertain employers views regarding this legislation and whether it is improving training opportunities for employees. Views were sought by 15 September 2010 and the Government response to the consultation will be published in December 2010. It will be dependant on the outcome of this review as to whether the legislation will be repealed altogether, retained as it, amended to make it less onerous, or is extended to all employees - regardless of the size of the employer. We will keep you informed!
Employers with 250 or more employees are still obliged to consider seriously any training requests that they receive and respond within the statutory process and timescales. Employers can refuse a request where there is a good business reason for doing so.
If a request is agreed, the employer is not obliged to pay the employee for the time they are training.
Employees can request time off to do any training that would help them be more effective at work and improve the performance of the business they work for. The training can be training that leads to a qualification, or training that helps the employee develop their skills at work. There is no limit on the amount of time that the employee can ask for, but the employee can only make one request in any 12 month period.
To make a statutory request for 'time to train' employees must:
· be an employee of the business
· have worked for their employer continuously for at least 26 weeks before they apply
The employee must set out their request for time to train in writing and provide the employer with the necessary information, as per the statutory process.
If the employer refuses the employees request to have time off for study or training, the employee has the right to appeal against this decision.
If you require help with implementing a ‘Time to Train Policy’, please contact us on 0845 450 0898 or email us at helpline@firsthruk.com.
This right for 'time to train' is due to be extended to all employees from April 2011. However the Government has issued a consultation to ascertain employers views regarding this legislation and whether it is improving training opportunities for employees. Views were sought by 15 September 2010 and the Government response to the consultation will be published in December 2010. It will be dependant on the outcome of this review as to whether the legislation will be repealed altogether, retained as it, amended to make it less onerous, or is extended to all employees - regardless of the size of the employer. We will keep you informed!
Employers with 250 or more employees are still obliged to consider seriously any training requests that they receive and respond within the statutory process and timescales. Employers can refuse a request where there is a good business reason for doing so.
If a request is agreed, the employer is not obliged to pay the employee for the time they are training.
Employees can request time off to do any training that would help them be more effective at work and improve the performance of the business they work for. The training can be training that leads to a qualification, or training that helps the employee develop their skills at work. There is no limit on the amount of time that the employee can ask for, but the employee can only make one request in any 12 month period.
To make a statutory request for 'time to train' employees must:
· be an employee of the business
· have worked for their employer continuously for at least 26 weeks before they apply
The employee must set out their request for time to train in writing and provide the employer with the necessary information, as per the statutory process.
If the employer refuses the employees request to have time off for study or training, the employee has the right to appeal against this decision.
If you require help with implementing a ‘Time to Train Policy’, please contact us on 0845 450 0898 or email us at helpline@firsthruk.com.
Labels: Employees' Right to Request "Time to Train"
You should seek specific advice before taking any action based on the information contained in this document.While every care has been taken in compiling these notes, FirstHR cannot be held responsible for any errors or omissions; the notes are not intended to be a substitute for specific legal advice.
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