Right to Request Time off for
Training
Human Resources
April 2010
LW/HR/Right to Request Time off for Training
1.0
INTRODUCTION
1.1
From 6 April 2010, under the Employment Rights Act 1996 (ss 63D-63K),
employees will be able to formally request time away from their core duties to
undertake training which will help them develop specific skills relevant to their
job.
1.2
The University recognises the benefits of being able to support staff training
and development, recognising that affording employees the opportunity to
undertake study or training will benefit both the employee and the University.
These Guidelines provide details of the eligibility and process relating to
requests for time off for training.
2.0
ELIGIBILITY
2.1
To be eligible to make a request an individual must:
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be an employee of the University
have worked for the University continuously for 26 weeks at the date
the application is made
have not made another application under the right during the last 12
months
2.2
Employees can make requests to undertake any training which they believe
will improve their effectiveness in their role and the performance of the
University. The training can include accredited programmes - leading to the
award of a recognised qualification - or shorter unaccredited training to help
them develop specific skills relevant to their job.
2.3
Employees should note that the legislation specifically relates to the right to
request time off for training and there is no obligation on the University to
either pay for the time off or to pay for the training where it agrees to
requests. Any requests for funding for training should be discussed with
either the department or the Learning and Development Centre.
3.0
APPLICATION PROCESS
3.1
Employees who meet the above eligibility criteria and wish to make a request
should do so in writing to their Head of Department (or nominated
representative) stipulating the following information:

that it is an application to make a statutory request in relation to study or
training;
the date of the application;
whether or not a previous application has been made in relation to study or
training, and if so when and how the last application was submitted;
the subject matter of the proposed study or training;
where and when the proposed study or training would take place;
who (if anyone) would provide or supervise the study or training;
what qualification (if any) the study or training would lead to; and
how the employee thinks the proposed study or training would improve his/
her effectiveness and the performance of the University.
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3.2
Where a valid request has been submitted, the Head of Department (or
nominated representative) should arrange a meeting with the employee to
discuss the request as soon as practicable. The meeting will normally take
place no later than 28 days after the date on which the request was
submitted. The purpose of the meeting will be to discuss the request; its
appropriateness to the employee’s job and the needs of the University and
any possible alternative arrangements that might meet the employee’s
training needs.
3.3
In considering requests departments should consider the relevance of the
training, what contribution the employee would be able to make to their
department/role as a result of the training, the time required to complete the
training and any funding considerations.
3.4
Employees will have the right to be accompanied at this meeting by a work
colleague or Trade Union Representative.
3.5
Within 14 days of the date of the meeting the Head of Department (or
nominated representative) must write to the employee either:
(a)
(b)
(c)
accepting the request and establishing a start date
confirming any compromise agreed in the meeting
rejecting the application
4.0
NOTIFICATION OF ACCEPTANCE OF A REQUEST
4.1
The Head of Department (or nominated representative) must confirm the
details of the agreement in writing, including the following:
 the subject of the study or training
 where and when you expect that it will take place, and over what period
 who will provide or supervise the training
 what qualification (if any) the training will lead to
 how the training time will be taken - eg whether it will be paid, unpaid, or
whether the employee will work flexibly whilst undertaking the training
 how the costs of the training will be met
4.2
If the approval requires a change in working hours or any other contractual
changes a Request to Amend an appointment form should be completed in
the usual manner.
4.3
The University is not legally obliged to pay an employee for any time off
granted for study or training under the right to make a request in relation to
study or training. Therefore, any time off for training agreed will normally be
unpaid or an agreement made for the time to be made up at an alternative
time. If the leave is unpaid the department should ensure that the Payroll
department are notified in order to make the necessary adjustments to salary.
5.0
NOTIFICATION OF REJECTION OF A REQUEST
5.1
If the request is rejected the University must inform the employee in writing
of
(a)
the basic grounds for refusing the application
(b)
(c)
5.2
a sufficient explanation as to why the business grounds for
refusal apply in this circumstance (see below)
the right of appeal
If the employees application or appeal are rejected, the University must
provide a sufficient explanation as to why. The business grounds as set out
in the legislation are as follows:
 the proposed study or training would not improve the employee's effectiveness
in your business
 the proposed study or training would not improve the performance of your
business
 the burden of additional costs
 agreeing to the request would have a detrimental effect on your ability to meet
customer demand
 you would be unable to reorganise work among existing staff
 you would be unable to recruit additional staff
 agreeing to the request would have a detrimental impact on quality
 agreeing to the request would have a detrimental impact on performance
 there would be an insufficiency of work during the periods the employee
proposes to work
 there are planned structural changes during the proposed study or training
period
6.0
RIGHT OF APPEAL
6.1
If an employee’s request in relation to study or training is refused, the
employee will have the right to appeal against this decision to a more senior
manager who was not involved in the original decision. The person to whom
appeals should be addressed will ordinarily be included in the notification
letter. Any appeal should be submitted within 14 days of the decision to
refuse the request. The appeal notice must be in writing and must include the
grounds on which the employee wishes to base the appeal.
7.0
ADVICE
7.1
Advice may be sought from the link HR Adviser on any aspect of this
procedure. In addition to the options outlined above the University also has
guidelines on flexible working, career breaks or buying additional annual
leave which may also be relevant.
8.0
EQUALITY IMPACT ASSESSMENT
8.1
The University of Warwick recognises its responsibility to ensure that no-one
is discriminated against or disadvantaged, through membership of any
particular group, or on the grounds of age, disability, gender, race, religion,
or sexual orientation. For additional information please refer to the
University’s Equality and Diversity website (http://go.warwick.ac.uk/
equalops/).