Who has the statutory right to make a request in relation to study or training?
For the purposes of the right to make a request in relation to study or training, how is the number of employees that an employer employs determined?
What do the provisions relating to study or training requests include?
Can an employee make as many statutory requests in relation to study or training as he or she wants?
In relation to what types of study or training can an employee make a statutory request?
Can an employer refuse a statutory request in relation to study or training?
Is there a particular format in which a statutory request in relation to study or training must be made?
How should an employer respond to a statutory request in relation to study or training?
The employer must hold a meeting with the employee to discuss his or her request, within 28 days of receiving the application. A meeting is not required if the employer agrees to the request and notifies the employee of this in writing within 28 days of receiving the application.
The employee has the right to be accompanied at the meeting by another worker employed by the employer.
The employer must notify the employee of its decision in writing within 14 days of the meeting. If the decision is to agree to the request, the notification must set out the subject of the study or the training, where and when it will take place, who will provide or supervise it, and what (if any) qualification it will lead to. In addition, it must specify how the direct costs of the training will be met. The notice must also make clear whether or not the employee will be paid for any time spent engaged in the study or training, and set out any changes that will be made to the employee’s working hours to allow him or her to take part in the training.
If the decision is to refuse the request, the employer must set out the grounds for the refusal (from the list of specified grounds in s.63F(7) of the Employment Rights Act 1996) and explain why those grounds apply. The employer must notify the employee of his or her right to appeal and, if the employee appeals in writing within 14 days of the decision, must hold an appeal meeting. The employer must notify the employee of the appeal decision in writing, within 14 days of the meeting, and must set out the grounds for the refusal and an explanation of why those grounds apply, if it rejects the appeal.
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Does an employee have the right to be accompanied at a meeting to discuss a statutory request in relation to study or training?
What is the companion's role at a meeting to discuss a statutory request in relation to study or training?
What happens if the chosen companion is not available at the time proposed for a meeting to discuss a statutory request in relation to study or training?
What redress is available if an employer fails to permit an employee to be accompanied at a meeting to discuss a statutory request in relation to study or training?
Is a worker entitled to be paid for time off work to accompany a colleague to a meeting to discuss a statutory request in relation to study or training?
How should the employer respond if an employee fails to attend a meeting to discuss a statutory request in relation to study or training?
If the person who would normally deal with a statutory request in relation to study or training is off work, does this affect the procedure that the employer is required to follow?
Where a request in relation to study or training under the statutory procedure is acceptable to the employer, is it obliged to arrange a meeting to discuss the request?
If an employer does not consider an employee's request under the statutory right to make a request in relation to study or training because it is incomplete, is the employee barred from submitting another request for 12 months?
How should an employer deal with a study or training request from an employee who has insufficient service to make a request under the statutory provisions?
In what circumstances can an employer regard a statutory request in relation to study or training as having been withdrawn?
Is there any right of appeal where an employer rejects a statutory request in relation to study or training?