Right to make a request in relation to training may be extended to all employees
The right for employees to make a request in relation to study or training, which currently applies to employees in organisations with 250 or more employees, is due to be extended to all employees from 6 April 2011. However, the Government is reviewing the legislation so this extension is in doubt.
Employees who are employed in organisations with 250 or more employees and who have at least 26 weeks' continuous service have the legal right to make a request in relation to study or training and have their request considered. Employees may make requests that will help them to be more effective at work and help their employers to improve business performance.
The right is not limited to requests for time off. The application must be made "for the purpose of enabling the employee to undertake study or training (or both)". Most requests will involve time off, but an employee may make a request that the employer organise, provide or pay for training.
Employers are not obliged automatically to agree to a request in relation to study or training, but must consider a valid request and adhere to a prescribed procedure. Employers may refuse the request only if the refusal is for a specified business reason.
- Right to make a study or training request: liveflo Use this flowchart to deal with a request in relation to study or training made under the statutory procedure.
- How to manage a study or training request The XpertHR "how to" section includes practical guidance on the procedural steps that employers are required to take when an employee makes a statutory request in relation to study or training. It also examines how employers should deal with requests made outside of the statutory procedure.
- Statutory requests in relation to study or training: model documents A model policy and model letters and forms on the right to make a request in relation to study and training are available in the XpertHR policies and documents section.
Also
The right to make a request in relation to study or training In this article, we look in detail at the legal requirements surrounding the deceptively simple principle of the right to make a request in relation to study or training.
Outlook video: right to request time off for training XpertHR's head of content Jo Stubbs and group editor David Shepherd discuss the new right to request time off for training - who is covered, when it comes into effect, how it will work and the circumstances in which claims could be made to the employment tribunal.
