New right of employees to request time to train to come into force in April 2010

20 November 2009

Summary
From 6 April 2010, firms that have 250 or more employees will have a duty to consider seriously requests from their employees for time to receive training away from their normal duties. Employers will not be forced to agree to every request. They can refuse requests if the training does not improve employee effectiveness or the performance of the employer’s business. Employers are not obliged to pay for the associated costs of the training and an employer will only be required to consider one request every year.

What is the new right to train and when will it be introduced?

The right of employees to request time away from normal duties in order to undertake training will come into force from 6 April 2010 within firms employing more than 250 employees. The right will be extended to all employees in firms of whatever size by 6 April 2011. The Act of Parliament that has introduced this new right is the Apprenticeships, Skills, Children and Learning Act 2009.

The employee will then be able to exercise a right to request time away from normal duties in order to undertake relevant training. Only employees in Great Britain, who have worked for their employer for 26 weeks, will be eligible to make a request. Agency workers are excluded from the right to request training.

Are employers obliged to agree to all requests?

Employers will not be obliged to agree to every request. They may refuse a request for an appropriate business reason. For example, an employer may refuse a request if he reasonably believes that the training is not relevant to his business. Government guidance advises that when the right is further extended in 2011, smaller firms will be likely to have more business reasons to refuse a request than will larger firms.

Employers will be expected to consider seriously all of the valid requests they receive, using processes similar to those they should already have in place to consider requests for flexible working.

What is relevant training and who pays for it?

The request should show that the training is being undertaken for a sound business reason and aimed at improving the employee’s effectiveness or his performance in the employer’s business.

Employees making a request may apply for training that leads to the award of a nationally recognised vocational qualification. Alternatively, an employee could undertake unaccredited or shorter training that will help them develop particular skills. A good example is where the training will lead them to being able to use new equipment.

Employers should not necessarily pay for the training. However, they may wish to do so, recognising the value of the investment. Although there will be no statutory obligation for the employer to cover the salary of employees attending training, employers are encouraged by the Government to meet salary costs whenever possible.