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Right to request time off to train

From 6 April 2010, 11 million people who work in organisations with 250 or more employees, have the new right to ask for time away from work to undertake training that they believe will improve their performance and be beneficial to the business. This statutory (legal) right is known as 'time to train'.

To make a statutory request for 'time to train' staff must:

  • be an employee
  • have worked for the employer continuously for at least 26 weeks before applying
  • Staff will not be able to make a request for 'time to train' if they are:
    • an agency worker
    • a member of the armed forces
    • compulsory school age ('school age' in Scotland)
    • a young person who already has a statutory right to paid time off to undertake study or training
    • 16-18 years old and already expected to take part in education or training

From 6 April 2011 the right will extend to all employees working in organisations of all sizes, regardless of how many employees there are.
 

What kind of training can be requested?


Under the right, staff will be able to request:

  • training leading to a qualification
  • training to help them develop skills relevant to their job, workplace or business

The training must meet the criterion that it improves business performance and their effectiveness in the employer's business. If there is already a procedure in place with the employer for making training requests then that should be continued to be used.

The new right does not automatically change any existing arrangements about payment for wages while training, or meeting the cost of course fees.

PCS response


PCS feels the right falls short of a firm guarantee to time off for training and the fact it can be unpaid could lead to employees paying for their own training.

However the right can provide an opportunity to organise members, develop collective bargaining and by raising the ULR profile, recruit new members to the union.

PCS believes it is important that before any employee makes a formal request, they should discuss this with their union learning rep.

The role of the ULR in Time to Train


If a request for ‘time to train’ is made, there are several things that need to be considered. ULRs can help members deal with questions such as:

  • is the member sure it is something they want to do
  • discuss options on the training they need
  • help the member consider how to best to meet their training needs 

The request must be in writing (on paper or electronically) and further details on the process can be found on the direct gov site.

As the request for ‘time to train’ can only be made once in a twelve month period, it is crucial the ULR takes an active role in this. It will also help the ULR monitor requests and build up a body of data it can utilize in furthering collective bargaining in training and development issues. ULRs should also discuss the wider issues with their BEC.

Employers have a duty to consider a request. They should only be able to turn it down if they have a good business reason. Once they have made their decision they should follow the correct process for their decision.
If a member is unhappy about an employer’s decision, there is an appeal process that can be followed. Again the union learning rep or local rep can assist the member building their case.

Following the meeting, the employer must give their decision on the appeal in writing within 14 days.

The ULR or local representative can accompany the member to the meeting. ULRs may want to use this factor to recruit potential members.

Further advice can be found at UnionLearn

For more information contact Liz Kearns, ULR support - Elizabeth@pcs.org.uk.