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Staff may have the right to ask for time off work for training or study.

To ask for training or study:

• staff must be classed as an employee
• they must have worked for their employer for at least 26 weeks
• training must help staff do their job better
• at least 250 people must work in the organisation

Time off is usually unpaid unless the employer agrees to pay it.

Who cannot ask for time off to train

Staff cannot ask for time off for training or study if they鈥檙e:

• an agency worker
• in the armed forces
• of compulsory school age (鈥榮chool age鈥� in Scotland)
• a young person who鈥檚 already got the right to take paid time off for study or training
• aged 16 to 18 and already expected to take part in education or training

Employees should follow their organisation鈥檚 rules to ask for time off. If there aren鈥檛 any they can write to their employer saying it鈥檚 a request 鈥榰nder Section 63D of the Employment Rights Act 1996鈥� with the following details:

• the date
• the subject matter of the study or training
• where and when it would take place
• who鈥檒l be providing the training
• the name of the qualification they could get - if any
• why they think this study or training will help them do their job better and help their employer鈥檚 business
• if they鈥檝e made a request before and when

An employer does not have to consider the request if all this information is not included.

If the employee changes their mind

The employee must tell their employer if they:

• do not start the agreed training or study
• do not finish the training or study
• do a different course or plan to do a different course from the one agreed

The employer has 28 days to:

• accept the request
• hold a meeting with the employee to discuss it

This might be longer if the person who deals with these requests is off when the request is sent in.

The employee can take a trade union representative or colleague to the meeting. They can ask for the meeting to be postponed if this person can鈥檛 make it.

If the employer decides to hold a meeting about it they must make a decision within 14 days of it, unless the employee agrees in writing to extend this time.

Turning down the request

The employer can only turn down a request if:

• the training would not benefit their business
• they would run up extra costs for the business
• they would not be able to meet customer demands
• they cannot re-organise the work among other members of staff
• they cannot recruit extra staff
• it would damage quality and business performance
• there would not be enough work for the employee to do at the times they intend to work
• it conflicts with planned structural changes

Paying for the training

The employer doesn鈥檛 have to pay for the training or study. They can choose to pay all or part of the fees if they think it will benefit the business.

Employees have the right to appeal if their employer refuses a request to take time off for training or study.

This must be made within 14 days of their employer鈥檚 decision.

The appeal must:

• be in writing
• be dated
• set out why they鈥檙e appealing - the grounds for the appeal

The appeal meeting

The employer has to arrange a meeting with the employee to discuss the appeal within 14 days of getting the appeal.

The employer must give their decision in writing within 14 days of the meeting.

If the problem is not resolved

If an employee is not satisfied with the result of an appeal they can phone Acas (Advisory, Conciliation and Arbitration Service) for help and advice or raise a grievance.

If this does not work, the employee could go to an employment tribunal if the employer:

• did not follow the procedure properly
• refused the request based on the wrong facts

Employment tribunal claims must be made within 3 months of an appeal decision.