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Wednesday, 3 October 2023

Decisions on your 'time to train' request

Some employees have a new right to request 'time to train'. Find out what your employer considers when making a decision on your request and how they must inform you of their decision.

Accepted 'time to train' requests

If your employer agrees to your request they must outline in writing:

  • the subject of your study or training
  • where and when it will take place
  • who will provide or supervise it
  • the name of the qualification it will lead to (if any)
  • how the training time will be taken - for example, whether it will be paid, unpaid, or whether you will work flexibly
  • how the costs of the training will be met

You should keep a copy of this letter.

Part-accepted 'time to train' requests

Your employer can decide to agree to one part of your request and refuse another part. For example if you have applied for more than one type of training. In these cases your employer must write to you setting out all of the above points and include:

  • which part of the request they agree to
  • which part of the request they refused, the reasons for this and provide details of the appeals procedure

Agreeing on different training

You and your employer can agree to do a different type of training to the original request or to meet your training need in a different way. Your employer needs your written agreement to this change. They should then write to you setting out all the points outlined in the 'accepted training requests' section above.

If your request is refused

Your employer can reject your request for one or more of the following reasons:

  • the training would not improve your effectiveness in their business
  • the training would not improve the performance of their business
  • the additional costs
  • it would cause a detrimental (negative) effect on their ability to meet customer demand
  • they cannot re-organise your work among existing staff
  • they cannot recruit additional staff
  • it would cause a detrimental impact on quality
  • it would cause a detrimental impact on business performance
  • there is insufficient work during the periods you propose to work
  • it conflicts with planned structural changes

When considering your request, your employer should make sure that they do not discriminate against you.

If your employer rejects your request, they must write to you setting out which of the above reasons apply and why. They should explain accurately and relevantly the key facts about why this reason applies in your case.

Evidence of attendance

You must tell your employer in writing and with the date if you:

  • do not start the training
  • stop attending the training
  • do anything different to the training you have agreed

If you do not attend the agreed training without telling your employer they could raise a disciplinary action against you.

If you change your mind about attending the training after your employer has agreed to your request, you should discuss this with your employer.

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