Duty on employers to consider employee study and training requests

Employers will have a statutory duty to consider employees’ applications for study and training under new provisions introduced in the Apprenticeships, Skills, Children and Learning Bill. These provisions are part of a package of measures concerning education and training in addition to those set out in the Education and Skills Act 2008 for those under 18. 

From 20013, under the Education Act 2008 (EA 2008), employers will face requirements to cooperate with school leavers under 18 that they employ, and who have not attained a ‘level 3 qualification’ (the same level of attainment as two ‘A’ levels) to participate in education or training to gain a qualification accredited by the Qualifications and Curriculum Authority.

The provisions of the Apprenticeships, Skills, Children and Learning Bill extend similar provisions to other employees not covered by the EA 2008. S.39 of the Bill introduces new sections to the Employment Rights Act 1996 which will give certain adult employees with at least 26 weeks’ service the statutory right to make a request for study or training provided that the purpose of the study or training is to improve the employee’s effectiveness in the employer’s business or improve the performance of the employer’s business.

The Bill sets out what the application must include, how often applications may be made and provision for Regulations to be made to determine how such applications should be handled. The Bill also sets out a list of limited permissible business reasons  when an application can be refused, e.g. the business could not service its customers properly, the work could not be reorganised, etc..

Employees will be able to present a claim to a tribunal on the basis that: (i) the employer has failed to comply with the duties specified in dealing with the request; (ii) a refusal  was based on incorrect facts; (iii) the employee has suffered a detriment or been dismissed for exercising their statutory right.