Employment Law Update (March 2010)
Time Off for Training to affect biggest firms first
A new right for employees to ask their employers for time off
for training will be introduced on 6th April 2010 but
will initially only apply to employers employing 250 people or
more. However, the Government intends to extend the right to all
businesses from 6th April 2011.
The aim is to help improve workforce skills but employers will
not be obliged to pay for the training or to give time off with
pay.
Employers must seriously consider any requests they get from
their staff - the procedure will be similar to the procedure that
currently applies for flexible working requests.
Key Points:
- An employee must have worked continuously for his or her
employer for at least 26 weeks before making the request.
- Employers only need to consider one request from an employee in
any 12 month period (except if cancellation or emergency makes it
impossible for the employee to attend the training).
- The proposed training must have the purpose of improving an
individual's effectiveness within the business and contribute to
business performance.
- Employers can either grant the request or arrange a meeting
with the employee to discuss it in more detail. The employee can be
accompanied by a workplace companion at the meeting.
- A request can be rejected for one of a number of specific
reasons, for example if it's not possible to reorganise work
amongst other employees or if the training won't contribute to
business performance.
- If a request is rejected an employee has the right to appeal
against the decision.
- There's no entitlement to be paid during the time off and no
requirement for the employer to pay for the training – this makes
it unlikely that such requests will impose a significant burden on
organisations.
The Mentor Employment Law Team can give you further details
about your obligations.