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Wednesday, 3 October 2023

Appealing against a 'time to train' decision

If you make a request for training under your legal right and your employer refuses it you can appeal this decision. There are certain steps you must take when appealing a 'time to train' decision. Find out what these are and what your employer's responsibilities are.

Making an appeal

There are no restrictions on the grounds you can appeal a 'time to train' decision on. If you decide to appeal you must do it within 14 days of your employer's decision. Your appeal must:

  • be in writing
  • be dated
  • set out why you are appealing their decision (the grounds for your appeal)

If you intend to make an appeal, you can download our template letter to help you structure your grounds for appeal to your employer.

Appeal meeting

Your employer must arrange a meeting with you to discuss your appeal within 14 days of you sending it to them.

Following the meeting, your employer must give you their decision on your appeal in writing within 14 days.

The same rules apply to this meeting as your first meeting to discuss your request with your employer. For more information read the 'Discussing your 'time to train' request' article.

Resolving problems with your employer

If the appeal does not resolve the problem you have, try other informal ways of resolving the problem. Talk to your employer about your problem. For example, if a manager misses a deadline to respond to your request, check with your employer why this is, it may just be an oversight.

You could involve a 'third party conciliator', eg Acas (the Advisory, Conciliation and Arbitration Service), to talk through the problem.

If it is not possible to resolve your problem informally, then you might have to raise a grievance with your employer.

Complaint to an Employment Tribunal

If you have tried the other ways of resolving your problem you may be able to make an Employment Tribunal claim. You can claim to an Employment Tribunal if your employer:

  • failed to follow the procedure properly
  • rejected your request on the basis of incorrect facts

You need to make an Employment Tribunal claim within three months, unless you have good reasons why this is not reasonably practicable.

Acas may be able to offer its 'pre-claim conciliation' service before you make a complaint to an Employment Tribunal.

What to do if you suffer detriment or are dismissed

The law protects you against dismissal or suffering detrimental treatment because of:

  • applying for 'time to train'
  • being granted a 'time to train' request
  • complaining about the right to request 'time to train'

Detrimental treatment could be, for example, your employer refusing you a promotion or training.

If this happens, you may have the right to complain to an Employment Tribunal.

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