Time Off Work For Training and Study
This sub-folder includes Guidance Notes and a comprehensive range of letters to help employers deal with the whole process of handling requests from employees for time off to train.
Employees in organisations with more than 250 employees have a statutory right to make a request in relation to time off for study or training. Employers will be obliged to consider seriously requests that they receive, but will be able to refuse a request where there is a good business reason for doing so. Plans to extend this right to organisations with fewer than 250 employees have been delayed.
There is no absolute right for employees to take time off for training, and no requirement for you, as an employer, to pay employees during the time off or to pay for the training itself. The training or study does not have to lead to a qualification, but it should improve the employee’s effectiveness at work and, therefore, benefit the organisation.
It is essential to treat all requests seriously and consistently, using the proper processes. Mishandling requests could lead to discrimination claims, where compensation is uncapped. This could occur if, for instance, an older employee could show his or her request was not being granted, but a request from a younger colleague was.
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Frequently Asked Questions
My employee has asked for time off to study. Do I have to agree to it? +
Usually no, but there is an important exception. There is no absolute right for most employees to take it. Employees in England and Wales who work for an organisation with 250 or more employees have a statutory right to request time off for study or training, but you must consider the request seriously and follow the correct procedure. You can refuse it where there is a genuine business reason, such as a detrimental impact on your ability to meet customer demand, inability to reorganise work among existing staff or planned structural changes. The exception is employees aged 16 or 17 who have not attained the prescribed standard of achievement. Under section 63A of the Employment Rights Act 1996, such an employee is entitled to be permitted by the employer to take paid time off during working hours to undertake study or training leading to a relevant qualification, so this is a right you cannot refuse. The Simply-Docs Guidance Notes for Employers cover all permissible grounds for refusal.
Which employees in my organisation can make a statutory training request? +
Only employees with at least 26 weeks' continuous service at the date they apply, working in organisations with 250 or more employees, have the statutory right to request training. Agency workers, armed forces members and certain young people who already have a separate statutory right to paid study time are excluded. Each employee may make only one statutory request in any 12-month period. If you employ fewer than 250 people, your staff do not currently have this right, though you may consider requests voluntarily.
What process must I follow once I receive a training request from an eligible employee? +
Within 28 days of receiving a valid request you must either agree in writing or hold a meeting with the employee to discuss it, then give your decision in writing within 14 days of that meeting. The employee can be accompanied at the meeting by a colleague or trade union representative. Any refusal letter must identify the statutory grounds and explain why they apply, and the employee can appeal within 14 days of receiving the refusal. Simply-Docs provides the full set of letters: acknowledgement, meeting letter, acceptance, rejection, appeal request, appeal decision and final decision.
Does the training have to lead to a qualification, and do I have to pay for it? +
No on both counts for most employees, but different rules apply to young workers. Under the right-to-request regime there is no requirement for the training or study to result in a qualification. It simply needs to be aimed at improving the employee's effectiveness at work and, in turn, the performance of your organisation. There is also no legal obligation to pay the employee for time taken off or to meet the cost of the training itself, although you may choose to do so. The position is different under section 63A of the Employment Rights Act 1996, which gives 16 and 17 year old employees who have not reached the prescribed standard of achievement a right to time off for study or training that must lead to a relevant qualification, and you must pay them for the time taken off at the appropriate hourly rate. Any arrangement to pay can be confirmed in the acceptance letter, which the Simply-Docs templates support.
What are the risks if I handle training requests inconsistently or unfairly? +
Handling requests inconsistently or unfairly can expose your organisation to discrimination claims under the Equality Act 2010. For example, if an older employee's request is refused while a younger colleague's identical request is granted, that employee may have an age discrimination claim, and compensation in discrimination claims is uncapped. Separately, failing to follow the correct statutory procedure lets an employee bring a tribunal claim on procedural grounds. Using a consistent, documented process for every request is essential.
What should an employee's training request include for it to be valid? +
A valid request must be in writing, dated and state it is made under section 63D of the Employment Rights Act 1996. It must set out what the study or training is, where and when it will take place, who will provide or supervise it, whether it leads to a qualification, how the employee believes it will improve their effectiveness at work and benefit your organisation and when they last made such a request. If information is missing, you need not consider it and should send an Invalid Request Letter explaining why. Employees can use the Request For Time Off Work To Study Or Train Letter.
