4. The law on learning and training
[ch 4: pages 44-45]The right for employees to request time off to train was introduced by the Apprenticeships, Skills, Children and Learning Act 2009 and came into operation on 6 April 2010 for employers of 250 or more.
It currently operates on a similar basis to the right to request flexible working. Employees are entitled to request time to undertake work relevant training, which employers must formally consider. Employers are entitled to refuse the request if one of a number of acceptable business reasons applies (see box below).
Union learning representatives (ULRs) were given statutory recognition in the Employment Act 2002. Section 43 of the Act introduced a new right for ULRs to take paid time off during working hours in order to undertake their duties and to undertake relevant training.
Who can and can't ask for time off to train
To ask for training or study:
• staff must be classed as an employee;
• they must have worked for their employer for at least 26 weeks;
• training must help staff do their job better;
• at least 250 people must work in the organisation; and
• time off is usually unpaid unless the employer agrees to pay it.
Staff can’t ask for time off for training or study if they are:
• an agency worker;
• in the armed forces;
• of “compulsory school age” (“school age” in Scotland);
• a young person who’s already got the right to take paid time off for study or training; and
• aged 16 to 18 and already expected to take part in education or training.
Employer's decision and responsibilities
The employer has 28 days to:
• accept the request; and
• hold a meeting with the employee to discuss it.
This might be longer if the person who deals with these requests is off when the request is sent in.
The employee can take a trade union representative or colleague to the meeting. They can ask for the meeting to be postponed if this person can’t make it.
If the employer decides to hold a meeting about it they must make a decision within 14 days of it, unless the employee agrees in writing to extend this time.
Turning down the request
The employer can only turn down a request if:
• the training wouldn’t benefit their business;
• they would run up extra costs for the business;
• they wouldn’t be able to meet customer demands;
• they can’t re-organise the work among other members of staff;
• they can’t recruit extra staff;
• it would damage quality and business performance;
• there wouldn’t be enough work for the employee to do at the times they intend to work; or
• it conflicts with planned structural changes
The employer has to arrange a meeting with the employee to discuss any appeal within 14 days of getting the appeal and must give their decision in writing within 14 days of the meeting.
Training fees
The employer doesn’t have to pay for the training or study. They can choose to pay all or part of the fees if they think it will benefit the business.
Appealing the decision
Employees have the right to appeal if their employer refuses a request to take time off for training or study.
This must be made within 14 days of their employer’s decision.
The appeal must:
• be in writing;
• be dated; and
• set out why they are appealing — the grounds for the appeal.
If an employee is not satisfied with the result of an appeal they can contact the Acas advisory and conciliation service for help and advice, or raise a grievance.