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Wednesday, 3 October 2023

Discussing your 'time to train' request

Some employees will have a new right to request 'time to train'. If you make a request, your employer must follow a set process for considering your request and discussing it with you. Find out what this process is and your rights when discussing your request.

Time periods for considering your 'time to train' request

Within 28 days of receiving your request your employer must either:

  • accept it and give you their decision in writing
  • arrange a meeting with you to discuss it and within 14 days of that meeting inform you of their decision

If the person who would normally consider your request is not at work because of annual leave or illness, this time period is extended. The 28 days starts either:

  • on the day the person returns to work
  • 28 days after the request is received, if the person is still off work at that point

Time limits for holding meetings and issuing notices of decisions on requests and appeals can be extended with your agreement. Where they are, your employer must:

  • confirm the extension to you in writing and date it
  • state how long the extension is for
  • state when the extension ends

Arranging the meeting

Your employer should arrange any meeting to discuss your request at an appropriate time and place for everyone attending.

Bringing a companion to the meeting

You can bring a fellow worker to the meeting, who could be a workplace trade union representative who also works for your employer. Your employer must allow workers time off during work hours to act as a companion and pay them for this time.

The companion can talk with you and talk at the meeting, but they cannot answer questions independently of you.

If your companion is unable to attend the meeting you can propose a new time that is suitable for you, your employer and your companion. The rearranged meeting must be within seven days of the day after the original meeting was planned.

Your employer does not have to let you to bring someone who does not work for them to the meeting. However, if you have special needs and need someone other than a work colleague to attend, you can ask your employer if this would be possible and they will need to consider this.

Discussing your request with your employer

You should be ready to discuss all aspects of your request with your employer including how the training will:

  • improve your performance
  • improve business performance
  • be delivered
  • be paid for

During the discussion your employer may suggest some different training options or different ways in meeting your training need. You should be open to discussing these ideas with your employer. It is likely that your employer will also want to discuss how the training may be accommodated (eg through working flexibly) and the costs.

Not attending the meeting

If you have a good reason why you cannot attend the meeting, you should contact your employer as soon as possible and explain why. Your employer will then rearrange it.

If you fail to attend the meeting (or appeal meeting) more than once without a reasonable explanation, your employer can treat your request as withdrawn.

Withdrawal of agreement

There might be circumstances that your employer may wish to withdraw their support for your training. For example, if the training course is over a long period.

You should be open to discussing this with your employer in your meeting and consider agreeing to circumstances when their support may be withdrawn. Your employer may confirm this in writing as part of their written acceptance of your request.

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