guidance on Right to Request Time off for Training
The Department for Business, Innovation and Skills (BIS) has
announced the publication, via Business Link, of guidance
on the new Right to Request Time off Work for Training being
introduced from 6 April 2010. The right was introduced under the
Apprenticeship, Skills, Children and Learning Act 2009, and will be
incorporated into the Employment Rights Act 1996. Employers with
250 or more employees will be affected from 6 April while smaller
employers will be affected from April 2011. Eligible employees are
those who have 26 weeks' continuous service when they make the
request (there are certain groups not eligible for the right, such
as young workers of compulsory school age or who already have a
right or duty to undertake study or training).
Employee requests can be to undertake accredited programmes
leading to a qualification, or for unaccredited training to help
them develop specific skills relevant to their job, workplace or
business. Employees have to set out certain information about the
proposed study or training and how they think it would improve
their effectiveness in the employer's business and the performance
of the business. The administrative process is very similar to the
process for dealing with flexible working requests and the Act sets
out permissible grounds for refusal. Only one request may be made
per year (unless there have been certain changes) and employees
have the right not to be dismissed or subjected to a detriment on
grounds of making or proposing to make an application for time off.
Larger employers need to start thinking now about introducing or
amending policies, administrative processes and training sessions
for managers in relation to the new right. Whilst the legislation
does not give the right to time off, only to
request time off, employers will need to watch out that they are
consistent in their responses, clear about how pay and benefits
will be treated, and have balanced criteria for assessing whether
productivity and business performance will be improved by the
training.
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