Time to Train

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The Apprenticeships, Skills, Children and Learning Act 2009 received Royal Assent on 12 November 2009, bringing in a host of new measures to prepare for the UK's long-term economic and social needs.

This act introduces a new apprenticeship structure that is applicable to England and Wales and a new “right to train” for employees, which is also applicable to Scotland, under Section 40 of the Act. It is expected to apply to businesses with 250 or more employees from 6 April 2010 and to all employers, regardless of size, from April 2011.

It is the Government’s opinion that introducing a new right for employees to request time off work to undertake study or training will assist people in strengthening their skills and future employability. In helping individuals reach their full potential it is hoped that the working population will be better equipped to support the economic recovery of the nation and be more competitive on a global basis.

Key Points

  • All employees with more than 26 weeks’ service will be entitled to make one request every 12 months for time off to undertake training, to improve their effectiveness at work and the performance of their employers business, although it need not lead to a formal qualification.
     
  • Section 40 of the Act amends the Employment Rights Act 1996. This amendment provides a new “time to train” procedure, similar to the procedure for a flexible working request. This new procedure requires that an application must include the subject matter of the training; the qualification (if any) that it would lead to and how the employee thinks the study or training would improve both the employee's effectiveness in the employer's business, and the performance of the employer’s business. The training is therefore directed at supporting the employer’s business as opposed to simply developing the individual.
     
  • Employers will be under a duty to consider all applications seriously. However, there is no statutory right to have the time off granted. Therefore an employer will be entitled to refuse a request for business reasons or if they are of the opinion that such training would not improve the employee’s effectiveness or the overall performance of the business.
     
  • The employer is not required to pay the employee for the agreed time off or for any training costs.

Consequences
It is important for employers to note that if an employer fails to follow the appropriate procedure in considering an employees application for time off to train, or, has not given one of the permissible grounds for refusal, the employee will be entitled to bring a tribunal claim against their employer.

If such a claim is successful a tribunal may award compensation or make an order for the employer to reconsider the application.

Employers must also be aware that an employee is afforded protection from detriment for making an application and that they will be deemed to have been automatically unfairly dismissed because an application has been made.

Further information
For further information on the issues raised in this ezine, please contact Murray McCall, Alan Masson or your usual contact within the Employment Team.