New rights to take time off for training

Certain employees now have the right to request time off from work for training purposes, following the introduction of new laws earlier this month.

Under the Employee Study and Training (Eligibility, Complaints and Remedies) Regulations 2010, employees with at least 26 weeks’ continuous service will be able to ask for unpaid time off work to undertake study or training relevant to their productivity and effectiveness in their job.

Employers must consider any requests received from eligible employees in a similar way to flexible-working requests, i.e both parties must meet within 28 days of the request being received to discuss it, and within 14 days of that meeting, the employer must write to the employee with their decision.

Currently, the Regulations only apply to employers with at least 250 employees but it is anticipated that the right will be extended to cover all employees from April next year.

Employees can usually only make one request in any 12-month period, and it must be made in writing and provide details as to the subject of the training, when and where it would take place, and how it will improve the employee’s effectiveness at doing their job.

The employer does have grounds under the Employment Rights Act 1996 to refuse the request but the employee can appeal within 14 days of receiving a letter of refusal from the employer, which must explain why the grounds apply.

The new rights do not apply to agency workers, those of school age, or young workers between the ages of 16 and 18, who qualify for a separate right to time off for training.

The Regulations implement statutory rights introduced by the Apprenticeships, Skills, Children and Learning Act 2009.