Guidance on duty to consider study and training
requests
The BIS has published guidance for employees, and
separate guidance for
employers, on the new right for employees to request time off for study
or training (‘time to train’) which comes into force on 6 April 2010 for
employers with 250 or more employees.
The Apprenticeships, Skills, Children and Learning Act 2009 introduces a
right for employees to request time away from their duties to undertake
training, and places a corresponding duty on employers to consider such
requests seriously and to be able to refuse them only for specified
business reasons. The purpose of the study or training must be to: (i)
improve the employee’s effectiveness in the employer’s business; and
(ii) improve the performance of the employer’s business. Both conditions
must be satisfied.
The time off provisions are set out in Part 6A of the Employment Rights
Act 1996 (ERA). In addition, Section 47F ERA protects employees against
any detriment for exercising their rights and Section 104E ERA provides
for automatic unfair dismissal in certain circumstances relating to the
time off for training or study provisions. The right will be introduced
from 6 April 2010 for employees who work within an organisation with 250
or more employees. It will apply to all employees regardless of the
size of their employer’s organisation with effect from 6 April 2011. The
Employer
guidance can be found on the Directgov website.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
