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 will be
extended to all other employers, from April 2011. With such a
strong focus on qualifications in the nursery sector, operators may
well find such requests become common.
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 effectiveness in the business, and the performance of the
business
The employee must also state whether and when 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.
