New Right to Request Training

The right to request time to train was included in the Apprenticeships, Skills, Children and Learning Act 2009, which received Royal Assent in November 2009. The introduction of the right is to be phased. From April 2010, it is available to employees in organisations with 250 or more employees before being extended to all employees from April 2011. This will give smaller organisations and businesses more time to prepare for its introduction.

To make a request for time to train, an individual must be an employee and have worked continuously for their employer for at least 26 weeks on the date on which the request is made.

Employees’ requests can be to undertake accredited training programmes that will lead to a qualification or for unaccredited training that will assist them to develop specific skills relevant to their job, workplace or business. Whilst employee requests may involve agreeing time away from their workplace duties, the primary focus of the new right is on agreeing relevant training with your staff.

Employers are required to consider any requests and respond within a set timeframe. A request may be turned down if there is a good business reason for doing so, which includes where the employer does not believe the training will help improve business performance.

The way in which the new right will operate closely follows the model used for agreeing requests for flexible working arrangements.

Guidance for employers is available through the Business Link website.