The government is extending the right to request unpaid time off to cover employees who wish to undertake training or study. The right is only a right to request time off, not a right to have the time off. However, the request may have to be granted if the employer is not able to identify specific reasons for refusing. The larger the employer the more likely it is that the employer will grant the request, as already happens, or be unable to show a proper reason for refusing.
The employee is required to follow the same eligibility and process patterns as the right to request flexible working. So, employees need to make a written request to ask for time off to undertake external training or study and explain how this training will improve both their personal performance and how it will positively affect their employer’s business. He or she will need to show that the study/training will lead to a qualification or for training that will help develop skills relevant to their job, workplace or business. So, it is highly unlikely that it will be possible to ask for time off to study, for example to become a teacher if the employer is an engineering operation.
The employer must have one or more good business reasons for not granting the request. Such reasons mirror the reasons allowed for rejecting flexible working: for example, the burden of additional costs or the effect on quality of work, performance or customers. It will also be able to turn down a request if it believes that the training will not improve personal or business performance. The employee may appeal the decision.
Training can be delivered in a number of ways for example, on-the-job training, e-learning, run by a college or other training provider. It can even include training outside of the UK. There is no time limit on the length of time that the study or training may take although the employer might be able to rely on one of the permitted reasons to refuse if the study was going to be over a long period. If the request is granted there is no right for the employee to be paid any salary or training costs to undertake the training or study.
