Right to Request Training-Have You Done Your Homework?
The right to request time off for training for employees with more than 250 employees will come into effect from April 2010. The legislation is set to be extended from April 2011 at the earliest, to incorporate all employees.
Main Points of the Legislation:
– An employee can only make one application in a 12 month period
– Training can take place in-house, providing the employee is away from their ‘normal’ duties
– Timescales have not been defined, however, a ‘reasonable’ amount of time should be agreed by both parties (the employer and employee)
– If the training benefits the employee and the company, it will not be restricted to recognised or accredited training schemes
– Although there will be no statutory obligation, employers will be encouraged to cover the salary and training costs of the employee wherever possible. Where costs are met by the company, the employee may be required to repay some or all of the costs should they leave within a specific time period following completion of the training
Eligibility Criteria to Request Time To Train
– the employee must have 26 weeks of continuous service
– the request must be in writing. The letter must set out the course details and the benefits that the training will bring to the company
– within 28 days of receipt of the letter the employer must arrange a meeting to discuss the request with the employee
– the employee will have the right to be accompanied at the meeting by a work colleague or a trade union official or a friend
– the request must be taken seriously, the request must also be reviewed on the merits of the case put forward by the employee
– requests can be refused, but only for specific business reasons as defined in the regulations