Training and Study Leave - New Law for Employees

Employers should note that employees will be entitled as of April 2010 to request time off work to undertake study or training. The new rules apply to all staff with 6 months’ service or more.

Employers have a duty to give “serious consideration” to all requests. The right to request training time will apply with immediate effect to all businesses with 250 or more staff, and to all other businesses from April 2011.

What does this mean for your business? Well, although as an employer you do not have to grant time off for study leave or training, you must be able to show that you have given the request serious consideration. Failure to do this could land businesses in trouble. Employers do not have to pay for the training which needs to be for the purpose of improving the employee’s effectiveness at work and the performance of the employers’ business (although it does not have to lead to a formal qualification.)

Employers do not have to pay staff for time taken off for training, although for the purposes of the National Minimum Wage Regulations, time spent carrying out training which is approved by the business during normal working hours counts as time at work for national minimum wage purposes, so may need to be taken into account.

This is an important new regulation and Renney & Co are advising our business clients to consider whether they would benefit from a policy statement being added to their staff handbook. This should make it clear to staff and managers how a request for study leave or training needs to be handled.

The government has produced a leaflet aimed at employers the new right to request time to train. If you would like a copy you can obtain this from BIS website or ring us at Renney & Co on 01225 326435 and we will be happy to send one out to you.