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.