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The Right to Request Time to Train

 
   
Introduction  
The new right is set out in new sections 63D to 63J, 47F and 104E introduced into the Employment Rights Act 1996 by the Apprenticeships, Skills, Children and Learning Act 2009 s.40 (which extends to Scotland - see s.268(2))  
   
What is the right to request time to train?  
From the 6th April 2010, 11 million employees in Great Britain will have a new right to request time to train.  
   
The new right will work by giving employees a legal right to ask you to give them time away from their normal duties to undertake training that they believe will improve their performance and that of your business.  
   
Employers will be expected to seriously consider their requests and respond in a reasonable time period. Employers will be able to turn down requests where you have a sound business reason to do so.  
   
Who is entitled to the right to request time to train?  
Employees in businesses who employ 250 or more people will have the right to request time to train.  
   
Only employees who have worked for you for 26 weeks will be eligible to make a request under the new right. The right will be extended to cover employees in businesses of all sizes in April 2011.  
   
What sort of training can employees request?  
Under the new right employees will be able to make requests for time to undertake any training that they think will help them to be more productive and effective at work, and that will help you improve the productivity and performance of your business.  
   
That could mean employees making a request to undertake training that leads to the award of a nationally recognised vocational qualification, an NVQ (or SVQ in Scotland), or a Foundation Degree. Or it could be to undertake unaccredited and perhaps shorter training that will help them develop particular skills like how to use a new piece of software or equipment.  
   
What should employers do if they receive a request?  
You will be expected to seriously consider all of the valid requests you receive, using processes similar to those you should already have in place to consider requests for flexible working.  
   
As with the existing right to request flexible working, you will be able to decline requests where you have a sound business reason to do so. You will also be able to turn down requests where you do not believe that the training your employee has requested will help you improve the performance of your business.  
   
If you already invest in the skills of your employees and systematically review their training needs, you will be well placed to meet the requirements of the new right without making significant changes to your working practices.  
   
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