Government publishes guidance on time off to train

The Department for Business, Innovation and Skills has issued guidance on the right for employees to request time off for training. The right to request time off to train comes into force on 6 April 2010 for employees in organisations with 250 or more employees, being extended to all employees on 6 April 2011. 

Employees will be able to request to undertake any training that they believe will improve their effectiveness in their employer's business. The request can be to undertake an accredited programme leading to a qualification, or unaccredited training to help employees develop specific skills relevant to their job, workplace or business. There is no limit on the amount of time an employee can request to have off for this purpose. 

The guidance includes advice on the practicalities of the request procedure. For example, employees must include certain information in a request for time off for training. If the employer considers the request to be invalid, the guidance suggests that the employer should notify the employee of this within 28 days and treat any new request as a fresh request. 

There is also guidance in relation to considering whether or not to accept the request. The guidance lists the reasons for which a request for training can be refused. If, for example, the employer accepts the request, but considers that the training can be met in a different way, the employer should discuss this with the employee before reaching a final decision. The decision must be confirmed in writing, and the guidance states what information should be included within the confirmation, for example whether the time off will be paid or unpaid if the request is granted and, if the request is refused, under which of the permitted reasons the employer refuses the request. 

The guidance also explains the appeals process. It states that an employee might appeal because he or she might want to bring to the employer's attention something that the employer was not aware of when it rejected the application. However, there are no restrictions on the grounds of appeal. 

Also

Right to request time off for training A right to request time off for training is introduced. 

Training: the employer's obligations from the XpertHR employment law manual. 

The XpertHR FAQs section answers questions on time off work. 

The XpertHR policies and documents section includes model contract clauses, letters and policies on time off work.