From 6 April 2010, an employee in a business employing at least 250 employees will have the statutory right to request time off to train or study.
Statutory Procedure
An employer must follow the statutory procedure for dealing with such a request, e.g. the employer must hold a meeting to discuss the request within 28 days after the date on which the request was received.
The maximum compensatory award for an employer’s failure to comply with the statutory procedure (e.g. it did not hold a meeting to discuss a request) is eight weeks’ pay.
The statutory procedure for dealing with a request for time off to train or study is set out in the Employee Study and Training (Procedural Requirements) Regulations 2010[SI 2010/155].
The procedure is similar to the statutory procedure for dealing with a flexible working request
Form of the Request
The Employee Study and Training (Eligibility, Complaints and Remedies) Regulations 2010 [SI 2010/156] set out the mandatory form of a request, e.g. the request for time off to train or study must be written and dated.
3 comments:
Hi Tony
Is there something about the time to train right in the Apprenticeship, Skills, Children & Learning Act?
Yes. Section 40 of the Act was covered by TELA [in the form of questions and answers] on 19 November 2009.
The “time to train” right is subject to the employee being continuously employed for at least 26 weeks: DRAFT Employee Study and Training (Qualifying Period of Employment) Regulations 2010.
The DRAFT regulations can be viewed at: http://www.opsi.gov.uk/si/si2010/draft/pdf/ukdsi_9780111492116_en.pdf
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