Guidance on new right for employees to request time to train

Last Updated: 27 Jan 2010

From 6 April 2010 staff of businesses with over 250 employees will have the right to request ‘time to train’ from their employers. The right will be extended to workers in all businesses from 6 April 2011.

The time to train initiative is part of the Apprenticeships, Skills, Children and Learning Act, which was given Royal Assent in November 2009.

Under time to train employees are able to request training that will lead to a recognised qualification or help them develop skills relevant to their job or business. Those making the request must be an employee and have worked continuously for a business for 26 weeks. Those of school age or already participating in training as a result of the Training and Skills Act 2008 are not eligible.

Employers are required to consider requests from qualifying employees and respond within a set timeframe – following a similar model to the one for flexible working arrangements. They can refuse a request, but only for particular business reasons, for example when the proposed study or training would:

  • not improve the employee's effectiveness
  • not improve the performance of the business
  • have a detrimental effect on a business’s ability to meet customer demand
  • have a detrimental impact on performance
  • take place when there are planned structural changes.

Business Link has put together guidance on its website aimed at employers, human resource managers and anyone dealing with such requests to help them understand the responsibilities of both employers and employees under the new right.

Guidance for employees on their right to request time for study or training is available on the Directgov website, including explaining what type of training can be requested. For example:

  • in an area directly related to the type of work you are currently doing
  • something that will help you progress within the business
  • something that will help you progress in a different area.

Most importantly, the training must help improve business performance and the individual’s effectiveness in their employer’s business.

Skills minister, Kevin Brennan said, ‘Now, more than ever, we need learning and training opportunities in place that empower people to gain the skills and training they need to get on.

‘Many businesses and organisations are really good at training their staff and already recognise the benefits of having a highly skilled and motivated workforce. While two-thirds of businesses do train their staff, we need to encourage employers and employees who do not to speak about training opportunities.’

Visit the Business Link website at www.businesslink.gov.uk/timetotrain for advice aimed at businesses. Guidance for employees is available at www.direct.gov.uk/timetotrain on the Directgov website.