New legislation gives employees right to request time to train

Posted on 13 January 2010

From April 2010, 11 million workers in the UK will have the right to request time to train. Employees will be able to take part in training that will improve their own performance and productivity and that of their employer’s business.

Under the new right, employees can make a request to undertake training that leads to the award of a nationally recognised vocational qualification, an NVQ (or SVQ in Scotland), or a Foundation Degree. However, under the new law employees who would like to take unaccredited or shorter training that will help develop particular skills can also request time to train.

Staff in businesses with 250 or more employees and who have worked for the organisation for over 26 weeks will be eligible to make a request under the new right to train.

Ben Hansford, National Account Manager; National Employer Service (NES), said:

“NES employers that have identified relevant training by job role, training that helps employees become more productive and effective and is systematically reviewed, should be well placed to meet the requirements of the new right without making significant changes to working practices.”

Businesses will be expected to seriously consider all valid requests that are received, using processes similar to those that should already be in place to consider requests for flexible working. Businesses will be able to decline requests where they have a sound business reason to do so or if they believe that the training requested will not improve performance.

The new right does not require that, where businesses agree to an employee’s request, they should necessarily pay for the training – although they may well choose to do so – recognising the value of the investment in their employee.

The right will be extended to cover employees in businesses of all sizes in April 2011.

For more advice please go to www.businesslink.gov.uk for England, www.business-support-wales.gov.uk for Wales and www.bgateway.com for Scotland. NES employers are also encouraged to speak to their NES account managers for further advice on the new right to request time to train.

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