Time off for study or training

Since 6 April 2009, individuals working in organisations with 250 employees or more have a statutory right to request time off for study or training. A plan to extend the right to all employees, irrespective of the size of their employer has not been implemented by the coalition government.

Employees working in organisations employing 250 employees or over can make a request if they have worked for the employer continuously for six months and are over 18. Those aged 16-18 have a separate right to time off for study or training. However, an employee whose application is rejected must wait up to 12 months before submitting a fresh statutory request for time off to study or train.

The procedure for the making and handling of a request for time off is governed by the Employee Study and Training (Procedural Requirements) Regulations 2010. The employee must write to the employer stating that s/he is applying under section 63D Employment Rights Act 1996 to take time off to study or train; and explain:

• what the study or training is;

• where and when it will take place;

• who will provide or supervise it; and

• what qualification it will lead to and how it will improve the employee’s effectiveness at work and the performance of the employer’s business.

Within 28 days of receiving the request, the employer must hold a meeting with the individual. The employee has the right to bring a workplace companion, who is entitled to paid time off to attend. The employer must discuss the request with the individual and seriously consider it. The employer can turn down the request, but only for one of a handful of specified reasons, namely;

• the training would not improve the employee’s effectiveness in, or the performance of, the employer’s business;

• costs to the employer;

• detrimental impact on quality, performance or ability to meet customer demand;

• inability to reorganise work among existing staff or to recruit extra staff;

• reduced workload in the periods when the employee is still available; and

• a planned reorganisation.

If the employee is dissatisfied with the employer’s decision (which s/he must receive within 14 days of the hearing) s/he can appeal. The employer has 14 days from the appeal meeting to give its decision.

A successful tribunal claim for breach of these regulations, can lead to an award of up to eight weeks’ pay. Pay is capped at a maximum, currently £450 a week. Only employees have the right, not agency workers