It has been legally confirmed that, from 6 April 2010, the “time to train” right will apply to an employee in a business employing at least 250 employees: Sch. 3 of the Apprenticeships, Skills, Children and Learning Act 2009 (Commencement No. 2 and Transitional and Savings Provisions) Order 2010 [SI 2010/303].
From 6 April 2011, the right was expected to be extended to an employee in any business: Sch. 6 of the Order. However, on 16 February 2011, the Government announced that the extension of the right to an employee in any business would be delayed.
Calculating the Number of Employees
The employer must calculate its average number of employees over the previous 12 months to determine whether its employees are entitled to the “time to train” right.
The average number of employees is calculated by:
- Determining the number of employees employed in each month over the previous 12 months (whether they were employed throughout the month or not);
- Adding together those monthly figures; and
- Dividing the number by 12.
- Determining the number of employees employed in each month over the previous 9 months (whether they were employed throughout the month or not);
- Adding together those monthly figures; and
- Dividing the number by 9 (i.e. the number of months that the employer has been in existence).
4 comments:
Well spotted, Tony!
I assumed it was the number of employees on the date on which an employee has made a request for time off to train.
The calculation will have practical implications where the workforce fluctuates below and above 250 employees.
For example, if I had a two-month old business that employed 255 and 245 employees in May 2010 and June 2010 respectively. The average number of employees would be calculated as follows:
255 (employees in May) + 245 (employees in June) = 500.
500 divided by 2 (i.e. the number of months that my business has been in existence) = 250 employees.
Therefore, my employees are entitled to the “time to train” right on 1 July 2010 even if I still employed 245 employees.
But if you employed 240 employees in May and 250 in June. The average number of employees is 240+250=490. 490/2=245 employees.
Therefore, your employees would not be entitled to the right on 1/7/10 even if you still employed 250 employees.
I've asked Business Link if the average calculation should be mentioned in its "time to train" guide at:
http://www.businesslink.gov.uk/bdotg/action/detail?type=RESOURCES&itemId=1084208540
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