the right to make a request for time off for training
Whilst there is no absolute right to time off for training, as
of the 6 April 2010 employers with over 250 employees are under a
statutory duty to consider an employee's request for time off for
training and study. The duty to consider such a request is
currently due to be extended to all other employers, from April
2011. With such a strong focus on qualifications in the care
sector, operators may well find such requests become common.
However, operators should be aware that the Coalition Government
has launched a consultation on this statutory right (including the
proposed extension in April 2011) because the right has been
criticised for various reasons including the costs of carrying out
the request procedure. The consultation will look at whether the
right should be repealed, retained as it currently is (ie only
applying to employers with over 250 employees) or extended to all
employers as originally planned. The consultation is open for
responses until 15 September 2010 and forms part of a review of all
regulations to reduce the burden on businesses. As currently in
force, employees will be eligible to request time off for
training/study if they have 26 weeks' continuous service when
making such a request. Not everyone will be eligible for the right,
for example, agency workers and young employees of compulsory
school age are not.
The study or training the employee proposes does not need to be
of a particular type and does not have to lead to a qualification.
Nevertheless, a request for time off for training/study will only
be considered if the purpose of the request is in order to improve
the employee's effectiveness at work and the performance of the
business. It is important to note that a setting operator is under
no obligation to pay the costs of any agreed study or training, or
to pay the employee for the time spent undertaking it even if that
is during the employee's normal working hours.
An employee's request for time off for training must be made in
writing, dated and include all of the following points:
- a statement that it is an application for time off for training
under section 63D of the Employment Rights Act 1996
- what the study or training is about or for
- where and when it would take place
- who would provide it or supervise it
- what qualification it would lead to (if any); and
- an explanation as to how the proposed study or training would
improve the employee's effectiveness in the business, and the
performance of the business
The employee must also state whether, when and how they have
made a previous request for time off for training to their
employer, and if so, whether it was successful or not. An employee
is only allowed to make one such request in any 12 month period,
except where the reason for failing to start previously agreed
study or training was due to its cancellation by the employer, the
provider or supervisor, or there were certain other circumstances
beyond the employee's control.
points to note
- There is a specified procedure for dealing with an employee's
request, which must be followed by the employer and has certain
time frames. An employee should bear this in mind when making a
request for study or training that has a particular start
date.
- In all cases, the employee should submit their request well in
advance of when they would like their proposed study or training to
start.
- These new provisions do not prevent an employer and an employee
from making other arrangements for study or training outside of the
new statutory procedure.
- The new right is currently under review by the
Government.
