Employers must consider requests from their staff for training

Employees will be able to request ‘time to train’. This means that you as an employer obliged  to consider their request for training. Employees can request time for training if: – The training leads to a qualification
– The training develops skills relevant to the job, workplace or business itself.
– Importantly, if the training will help business performance or the employee’s personal effectiveness. They must also have been employed for a minimum of 26 weeks with your company. The training must also be one or more of the following:
– Directly related to the type of work the employees s doing
– Help the employee progress in the business
– Help the employee progress in a different area The training can be delivered either through e-learning, on-the-job or through a college or training provider. The employee can request more than one type of training and you are required to consider all requests for training. However, you are not obliged to pay for the training, i.e. paying the course fees, or to pay the employee salary while they are undertaking the training. You should however consider the cost of the training/paying salary during the training if it will be particularly beneficial to your business performance. You could also ask the employee to make up the hours that they spend training instead of working. On receiving a formal request from an employee for ‘time to train’ you must either:
– Arrange a meeting within 14 days to discuss with the employee; or
– Respond in writing within 28 days of the request being made The employee is permitted to bring a fellow worker with them to any meeting, or a trade union representative. Whether you approve or refuse the ‘time to train’ you must respond in writing. In the case you approve the time to train you should confirm the following in your written communication:
– the subject of your study or training
– where and when it will take place
– who will provide or supervise it
– the name of the qualification it will lead to (if any)
– how the training time will be taken – for example, whether it will be paid, unpaid, or whether you will work flexibly
– how the costs of the training will be met If you are refusing the request you should confirm one or more of the following in as much detail as possible (to avoid discrimination claims) your written communication:
– the training would not improve your effectiveness in their business
– the training would not improve the performance of their business
– the additional costs
– it would cause a detrimental (negative) effect on their ability to meet customer demand
– they cannot re-organise your work among existing staff
– they cannot recruit additional staff
– it would cause a detrimental impact on quality
– it would cause a detrimental impact on business performance
– there is insufficient work during the periods you propose to work
– it conflicts with planned structural changes These new rules will come into force on 6th April 2010 for employers with 250+ employees and in April 2011 for those with less, allowing small businesses time to prepare for the new rules. For more information on these new rules visit the ‘time to train’ page on the DirectGov website