Video: Right to request time off for training

XpertHR editors Jo Stubbs and David Shepherd discuss the new right to request time off work 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. 

 

Video: Right to request time off for training

 

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More resources on this topic from XpertHR

Forthcoming law
The XpertHR forthcoming law service provides guidance, commentary, resources and links on the main impending changes to employment law, including the right to request time off for training. 

Legal timetable
The XpertHR legal timetable provides a comprehensive list of recent and forthcoming legal events of interest to HR professionals. It also provides summaries of open, closed and future consultations. 

 

The video questions in full

When is the right to request time off to train due to come into force?
In the Government’s forward regulatory programme, which it published in mid October 2009, it said that it intends to bring the new right to request time off for training into force in April 2010 for larger businesses and extend this to all businesses in April 2011. By "larger businesses" it means those that employ 250 or more people. 

What will the right to request time off to train involve?
No draft legislation had been issued as yet, but the Government has stated that the new right to request time off for training will closely follow the existing right to request flexible working. This means that employers will be expected to consider any requests for time off for training seriously, respond in a reasonable time period (which will no doubt be specified in the legislation) and, if they refuse the request, set out their reason for doing so. The permissible reasons will include: where the employer is unable to reorganise work among existing staff; where there would be a detrimental effect on the ability to meet customer demand; and where the employer does not believe that the training requested would help the individual to become more effective and productive at work. There will also be a right of appeal. 

Does this mean that training for personal development will not be covered?
The Government has said in its response to the consultation on the right to request time off to train that it does not propose making specific provision for this. It says that it will be up to the employee to explain how any training, including personal development, meets the key criterion of providing some demonstrable benefit to the business. 

Will there be a service criterion for the new right to request time off to train?
Yes, as with the right to request flexible working, there will be a 26-week qualifying period with the employer. 

Will employees be able to make as many requests for time off to train as they like?
 No, as with the right to request flexible working, they will be limited to one in any 12-month period. 

Will employees be able to bring a tribunal claim based on the new right to request time off to train?
As with the right to request flexible working, an employee will be able to bring a tribunal claim only where the employer has failed to follow the correct procedure or where he or she believes that the employer has rejected the request on grounds other than the permissible ones. 

Will employers that accept a request for time off to train have to pay for either the time off or the training?
The Government said in its response to the consultation on the right to request time off to train that it believes that decisions on how much time off should be given, and whether or not the time off is paid or unpaid, are best left to the employer and employee to agree between them. There will be no obligation on the employer to pay for the training where it agrees to time off for it, although of course some will choose to do so, bearing in mind the return on investment for their organisation. 

 

Right to request flexible working

For information on the right to request flexible working, which the new right to request time off for training will mirror, see: