'Time to train' legislation

Employers' guide to 'time to train' legislation

April 2010 sees the introduction of an important piece of employment legislation, which will allow employees the right to request time off to train. The scheme, which will cover all businesses by April 2011, provides an employee with the right to make a request for time off work for the purpose of training. Read our Q&As to find out how the legislation will apply and the implications for your business.
 
Does the 'time to train' scheme apply to all businesses?
 
From April 2010, businesses with 250 or more employees must follow the scheme. It will extend to businesses of all sizes in April 2011.
 
Which employees have the right to request time to train?
 
Only those who have worked for you continuously for at least 26 weeks will be eligible to make a request. The scheme does not apply to agency workers.
 
What training can they request?
 
An employee can request any training that they believe will make them more effective and productive in their job. This can include courses that result in a recognised qualification and shorter non-accredited training sessions.
 
It does not need to be supervised or completed on your premises, plus there is no limit on the length of training.
 
What information does an employee have to provide?
 
The request must be submitted in writing and include the following:
  • A statement that it is an application under section 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 it could lead to
  • How the employee thinks the proposed training would improve their effectiveness in your business
  • The date of the application.
If this is not included, the request is not valid.
 
Do I have to consider the request?
 
Yes you must give full consideration to any valid request.
 
You only need to consider one request from an employee in any 12 month period, unless they have asked you to ignore a previous request.
 
How long do I have to consider the request?
 
You have 28 days to consider a request. After this period, you must either accept the request on the basis of the information provided by the employee or request to meet with the employee to discuss it. Within 14 days of this meeting you must inform the employee of your final decision in writing.
 
If you feel you need more information before making a final decision, 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.
 
If you accept the employee's appeal you should notify them of this in writing detailing the information required when accepting a request (as described above).
 
If you reject the appeal, you need to arrange an appeal meeting with the employee within 14 days of their notice of appeal.
 
Within 14 days of the appeal meeting you should inform the employee of your final decision in writing citing the reason for your decision.
 
I still have questions, where can I find out more?
 
If you need further advice on this matter, call the FPB's dedicated member helpline on 0845 130 1722.