Time to Train (UK)
In April 2010 new legislation - section 63D of the Employment Rights Act 1996 - allowing employees time off to undertake training came into force in the UK.
This affects all businesses employing 250 or more with all businesses covered from April 2011.
Here is a step by step guide to how the new legislation may affect you.
Does the new legislation apply to all businesses?
From April 2010 the new legislation only applies to businesses employing 250 or more. However, in April 2011, the Act will be extended to cover all businesses.
Can everyone apply to have time off for training?
No. Only those who have worked for you continuously for at least 26 weeks will be eligible. Also, it does not apply to agency staff.
What training can they request?
Any they feel will make them more effective / productive in their job. This includes both accredited and non-accredited courses.
How do employees make a request to undertake training?
They must ask in writing and include the following information
• A statement that it is an application undersection 63D of the Employment Rights Act 1996
• The subject matter of the proposed training
• Where and when the training will take place
• Who could provide or supervise it
• What qualification (if any) it will lead to
• How the employee thinks the proposed training would improve their performance
• The date of the application.
Do I have to consider the request?
Yes you must give full consideration to any valid request.
How long do I have to consider the request?
You have 28 days to consider a request. If you feel you need more information you can ask the employee for additional information. If they refuse to provide you with the relevant information, you can inform the employee in writing that you consider their request withdrawn.
Do I have to say yes?
No. You may refuse the request for one of the following reasons:
• The proposed training wouldn't improve the employee's effectiveness in your business or the performance of your business
• The burden of additional costs would be too great
• The proposed training would have a detrimental effect on your ability to meet customer demand or impact on the quality and performance of your business
• You would be unable to reorganise work among existing staff or recruit additional staff
• There are planned structural changes to the business during the proposed period.
However, you don't have to accept or refuse the request in full. You may accept the request for training, but prefer the employee to complete an alternative qualification. In this case, you should meet with the employee to discuss the request and inform them of your decision in writing.
Are there specific requirements for informing an employee of my decision?
If you accept a request for training you should inform the employee in writing and include:
• The subject of the training
• Where and when it will take place and the timeframe for this
• Who will provide or supervise it
• What qualification (if any) the training will lead to
• How the costs of the training will be met
• How the training time will be taken including arrangements on whether it will be paid or unpaid.
If you decide to refuse a request for training you need to inform the employee of this in writing and include the following:
• The business reason for turning down the request
• Why this reason applies in the circumstances
• The appeal procedure
• The date of the notice.
Do I have to pay the employee for training?
No, employees don't have a right to be paid for this training.
Can an employee appeal against my decision?
Yes, they may appeal in writing within 14 days of receiving your notice refusing their request or part of it.