(GOV.UK)
www.gov.uk
Asking for time off
Employees should follow their organisationâs rules to ask for time off. If there arenât any they can write to their employer saying itâs a request âunder Section 63D of the Employment Rights Act 1996â with the following details:
- the date
- the subject matter of the study or training
- where and when it would take place
- whoâll be providing the training
- the name of the qualification they could get – if any
- why they think this study or training will help them do their job better and help their employerâs business
- if theyâve made a request before and when
An employer doesnât have to consider the request if all this information isnât included.
Employees can only make 1 request a year.
Employer’s decision and responsibilities
The employer has 28 days to:
- accept the request
- hold a meeting with the employee to discuss it
This might be longer if the person who deals with these requests is off when the request is sent in.
The employee can take a trade union representative or colleague to the meeting. They can ask for the meeting to be postponed if this person canât make it.
If the employer decides to hold a meeting about it they must make a decision within 14 days of it, unless the employee agrees in writing to extend this time.
Turning down the request
The employer can only turn down a request if:
- the training wouldnât benefit their business
- they would run up extra costs for the business
- they wouldnât be able to meet customer demands
- they canât re-organise the work among other members of staff
- they canât recruit extra staff
- it would damage quality and business performance
- there wouldnât be enough work for the employee to do at the times they intend to work
- it conflicts with planned structural changes
Paying for the training
The employer doesnât have to pay for the training or study. They can choose to pay all or part of the fees if they think it will benefit the business.
Who can and can’t ask for time off to train
Staff may have the right to ask for time off work for training or study.
To ask for training or study:
- staff must be classed as an employee
- they must have worked for their employer for at least 26 weeks
- training must help staff do their job better
- at least 250 people must work in the organisation
Time off is usually unpaid unless the employer agrees to pay it.
Check someoneâs employment status.
Who canât ask for time off to train
Staff canât ask for time off for training or study if theyâre:
- an agency worker
- in the armed forces
- of compulsory school age (âschool ageâ in Scotland)
- a young person whoâs already got the right to take paid time off for study or training
- aged 16 to 18 and already expected to take part in education or training