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Time Off Work to Train
13th July 2009
An extension to the right for employees to request time off work to train is expected to be introduced in 2010 as part of the Children, Skills and Learning Bill...
When introduced, this will give employees the legal right to request time off from their 'normal' duties in order to undertake relevant training. Although this right is planned for introduction in England, Scotland and Wales, the proposal is still being considered in Northern Ireland.
At the present time, it is estimated that a third of employers, covering approximately 8 million employees, offer no training at all.
Current Training Rights
The right to take time off work to train is currently provided for a number of groups of employees such as trade union officials, employee representatives, safety representatives, pension scheme trustees, young persons (ages 16 and 17) and those employees under threat of redundancy.
The new legislation will allow all eligible employees the right to request time off to train to gain qualifications and improve their skills. At the same time, it is envisaged that the employer will benefit from allowing such training in areas such as enhanced business performance and increase productivity as well as via the increase to employee morale.
The New Regulations
The Regulations plus detailed guidance are expected to be issued in late 2009. The proposed guidelines include the following:
- An employee may only make one application in a 12 month period.
- Training may take place on site, providing the employee is away from their ‘normal’ duties.
- Timescales are not outlined, but a ‘reasonable’ amount of time should be agreed by the employer and employee.
- Providing the training adds value to the employee and the company, it will not be restricted to recognised or accredited training schemes.
- Although there will be no statutory obligation for the employer to cover the salary or cost of the training, employers will be encouraged to meet the costs wherever possible. Where costs are met, the employee may be required to repay some or all of the costs should they leave the company within a specific time period following completion of the training.
Proposed Eligibility Criteria and Procedure
It is anticipated that the eligibility criteria and process to request the right to time off for training will be similar to ‘the right to request flexible working’. For example:
- The employee must have 26 weeks’ continuous service.
- The request must be in writing setting out the course details and the benefits the training will bring to the company.
- The employer must arrange a meeting to discuss the request with the employee, within 28 days of receipt, once received.
- The employee will have the right to be accompanied at the meeting by a work colleague or a trade union official, but unlike the right to request flexible working regulations, also a friend.
- The request must be taken seriously and must be reviewed on the merits of the case put forward.
- Requests can be refused, but only on specific business grounds which will be pre-defined in the Regulations.
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