Time off to Train: has the employee been working for 26 weeks?

The Employee Study and Training (Qualifying Period of Employment) Regulations 2010 [SI 2010/800] have legally confirmed that an employee’s right to time off to train or study is subject to being continuously employed for at least 26 weeks.

From 6 April 2010, the right will apply to an employee in a business employing at least 250 employees.

From 6 April 2011, the right was expected to be extended to an employee in any business. However, on 16 February 2011, the Government announced that the extension of the right to an employee in any business would be delayed.

Note: an employee may be continuously employed for 26 weeks or more even though a contract did not exist during a part of that period (e.g. there was a temporary cessation of work).

Also see Time off to Train: do you employ at least 250 employees? and New right for Time off to Train comes into force on 6 April 2010.