New right for employees to request time to train

From 6 April 2010, employers with 250 or more employees will have to seriously consider an eligible employee’s formal request for time away from their core duties to undertake training.

Employees can request to undertake any training they think will improve both their and your business’ performance.

The training can be either:

  • accredited, ie training that leads to the award of a recognised qualification
  • unaccredited, eg training to help them develop specific skills relevant to their job, workplace or business

It does not matter how or where the training is delivered, eg it could be in the workplace, at home on their own or even abroad.

There is no limit on the amount of time employees can request.

However, you do not have to pay for the training or pay them for the time spent training – although you can do so if you wish.

Within 28 days of receiving a valid request, you must either:

  • accept the request and inform the employee of your decision in writing
  • meet with the employee to discuss their request – and within 14 days of that meeting, inform the employee of your decision in writing

If needed, you can ask the employee for more information to support their request.

You may agree to their request, but with changes. For example, you could:

  • deliver the training in house rather externally as the employee had initially proposed
  • suggest a different course or qualification that you think would be better suited to the employee

You may only refuse outright an employee’s request for time to train for one of a set of specified business reasons.

The right to request will be extended to employees of all employers from 6 April 2011.

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