Who has the statutory right to make a request in relation to study or training?

The statutory right to make a request in relation to study or training applies from 6 April 2010 in respect of employees of employers that have employed an average of 250 or more employees over the previous 12 months. To qualify for the right, an employee must have been employed continuously by the employer for at least 26 weeks.

The Government has announced that the right will not be extended to the employees of small employees with fewer than 250 employees for the foreseeable future.

The right does not apply to: agency workers; individuals of compulsory school age; employees aged 16 and 17 who are obliged to participate in education or training under the terms of the Education and Skills Act 2008 (or who have reached 18 and are still pursuing a course for these purposes); and employees aged 16 and 17 who qualify for the right to time off for study or training under s.63A of the Employment Rights Act 1996.