Right to request training

1st June 2008 The Government has just launched a consultation exercise on its proposal that employees have a right to request time off work to attend training. The Government unveiled this proposal in the draft legislative programme for 2008/09.

The basic proposal is that employees that have been employed by the same employer for at least 26 weeks should be able to request time off to attend training. It has been proposed that the right should operate in the same way that currently applies to the right to request flexible working arrangements. This means that on receipt of a request for time off for this reason, the employer will have to consider the request fairly, and will only be able to refuse it on defined business grounds.

Under the proposals employers will not have to pay for the training, and each employee will only be able to make one request in any year. It is expected that there will be a right to apply to an Employment Tribunal if an internal appeal rejects the request from the employee. The Tribunal may then award compensation, within defined limits to the aggrieved employee. Subject to Parliamentary procedure it is expected that the appropriate legislation will be in place by 2010.

Most employers already provide some training to their staff already. To do so is both good practice, makes the employee feel valued, and enhances their skills and therefore their benefit to the employer. It should be noted that if an employer has a defined training scheme already that the regulations (when they come into force) will not replace that scheme, rather they will act as a support to any existing scheme.

If employers want to be able to recover training costs from employees that leave very shortly after receiving the training they will still need to have a written agreement setting out the terms and conditions of repayment, and in such a way that does not amount to a “penalty” clause- which would make it invalid. We can assist you with this, so if you need further advice on this please contact us.