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How to manage requests under the right to make a request in relation to study or training

Author: Darren Newman

Summary

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  • Be aware that employees in organisations with at least 250 employees can make a request in relation to study or training, which must be dealt with under the statutory procedure.
  • Be aware that an employee must have 26 weeks' continuous service to be eligible to make a request under the statutory procedure and can make only one request in a 12-month period.
  • Recognise that the right is not limited to making a request for time off for training or study.
  • Check that an employee's request includes the information required under the statutory regime.
  • Hold a meeting with the employee to discuss his or her request within 28 days of receiving it.
  • Allow the employee to be accompanied by a colleague of his or her choice at the meeting.
  • Consider whether or not the employee's request will improve the employee's effectiveness in the business, and the performance of the business.
  • Be aware of the grounds on which a decision can be refused.
  • Notify the employee of the decision in writing within 14 days of the meeting.
  • If agreeing to the employee's request, set out the details of the study or training, how the costs will be met, and whether or not the employee will be paid for time spent engaged on it.
  • If refusing the employee's request, specify the grounds on which it is refused and explain why these grounds apply.
  • Give the employee the right to appeal a decision to refuse his or her request.