Time Off to Train Policy

Policy Statement

This policy sets out the statutory minimum requirements of the right for employees to request time off to train in order to help them to be more productive and effective at work, and to help the organisation to improve productivity and business performance. While the organisation will endeavour to grant an employee’s reasonable request for time off work for training, the decision as to whether or not this can be granted lies with the organisation.

The scope of this policy is limited to the legal rights of employees who work for a business that employs 250 or more employees to be given time off from work for the purpose of their development and learning in their job. The policy should be linked to {{org_field_name}}’s other policies on staff development and training, including induction programmes, which are a statutory requirement under the care regulations.

What is the Right to Request Time Off to Train?

Under s.63D of the Employment Rights Act 1996, employees with 26 weeks’ continuous service or more who work for a business that employs 250 or more employees have the legal right to request time away from their core duties to undertake training.

Eligibility

To be entitled to make a request for time off for training, the individual must be an employee and have been employed continuously for at least 26 weeks on the date that the request is made.

Definition of Training

The objective of the training must be for the employee to gain a recognised qualification or alternatively to help them develop specific skills relevant to their job, workplace or the employer’s business.

The training can be delivered in whichever way is the most appropriate and effective. There is no limit on the amount of time, or the amount of study or training, that an employee may request.

Employees have no right to be paid during the time off they take for training — although the organisation may, at its discretion, make full or part payment or agree with the employee that they may make the time up.

Making a Valid Request

The request from the employee must be in writing (paper or electronically) and be dated. To be valid the request must include the following details:

that it is a request under s.63D of the Employment Rights Act 1996
the subject matter of the study or training
where and when the study or training will take place
who will provide or supervise the study or training (for example, a training provider, or someone at work supervising on-the-job training)
the name of the qualification the training will lead to (if any)
an explanation of how the employee sees this study or training making them more effective at work and improving the performance of their employer’s business
whether the employee has made a previous request and, if so, the date the request was made.

If the request is invalid because it does not contain all the above information, the organisation will inform the employee of this within 28 days, explaining why the request is not valid. An amended request may then be submitted.

The employer only has to consider one request from an employee in any 12-month period.

Discussing the Request

Within 28 days of receiving a valid request for time off to train, the organisation will either:

accept the request on the basis of the information in the written request and inform the employee in writing accordingly, or
meet the employee to discuss the request and within 14 days of that meeting inform them in writing of the decision.

The employee has the statutory right to be accompanied at such a meeting by a colleague of their own choosing.

Deciding the Request

If the organisation agrees to the employee’s request, it will outline in writing:

the subject of the study or training
where and when it will take place
who will provide or supervise it
the name of the qualification it will lead to (if any)
how the training time will be taken — for example, whether it will be paid, unpaid or whether the employee will work flexibly
how the costs of the training will be met.

Refusing a Request

The employer can reject a request for one or more of the following reasons:

the training would not improve the employee’s effectiveness in their business
the training would not improve the performance of their business
the additional costs
granting the time off would cause a detrimental (negative) effect on their ability to meet customer demand
they cannot reorganise the employee’s work among existing staff
they cannot recruit additional staff to cover the employee’s absences
the time off would cause a detrimental impact on quality
the time off would cause a detrimental impact on business performance
there is insufficient work during the periods the employee proposes to work
granting the employee’s request would conflict with planned structural changes.

If the organisation rejects the employee’s request, it will write to them setting out which of the above reasons apply and why.

The Appeals Process

If the employee’s request is refused, they may appeal against the organisation’s decision. The appeal must be made in writing within 14 days of the receipt of the written notice of refusal. The appeal notice should set out the grounds for the employee’s appeal.

The organisation will arrange the appeal meeting within 14 days of receiving the employee’s notice of appeal. The employee has the right to be accompanied at the appeal meeting by a fellow worker of their choice.

Following the appeal meeting, the employer will give the decision on the appeal in writing within 14 days. This decision is final.

Supervision and Appraisal

It is the organisation’s policy that employees should have regular supervision with their line manager and an annual appraisal.

The supervision and appraisal processes are positive exercises designed to encourage and assist employees in their professional and personal development. They are required to co-operate fully with their line manager as regards supervision and the annual appraisal process.

A record of the supervision and of annual appraisals will be kept on individual personnel files in line with the relevant provisions of the Data Protection Act 2018.

Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}

Reviewed on: {{last_update_date}}

Next review date: this policy is reviewed annually (every 12 months). When needed, this policy is also updated in response to changes in legislation, regulation, best practices, or organisational changes.

DW140. Time Off to Train