Right to Request Time off for Training
Under section 63D of the Employment Rights Act 1996 (ERA 96), individuals who work for organisations with 250 or more employees, have the right to request time off for training (16- and 17- year- olds have alternative arrangements). Employees (but currently not agency workers) with 26 weeks or more of continuous service, who want time off for training (whether or not it leads to a qualification) are eligible.
Employees who qualify in this situation need to formally state that their request is made under section 63D ERA 96 as well as explain: what the subject matter of the training is; where and when the training is to take place; who will provide/supervise the training; what qualification (if any) the training will lead to; and set out how the training will improve the individual’s effectiveness in the employer’s business and the performance of the employer’s business.
As long as the employer has not received and declined a time off for training request by the same employee within the preceding 12 months, the request will have to be seriously considered. The entitlement under section 63D mirrors the right to request flexible working — that is the employer should meet with the employee to discuss his or her request and cannot dismiss the request out of hand.
While the employer is permitted to decline the request, it can only do so in certain circumstances. These are where it is considered that the training would not improve the employee’s effectiveness in, or the performance of, the employer’s business because of the additional costs that the employer would incur; where there would be a detrimental impact on quality or performance affecting the employer’s ability to meet customer demand; because the employer is unable to re-organise work among existing staff or recruit additional staff; there is reduced workload during the periods when the employee would still be available; or due to a planned reorganisation.