Requesting Training or Development Time and/or Funding

The Right to Request Time to Train policy, gives employees of large businesses (250+ employees) the right to submit formal requests to their employers for time off for study or training relevant to their performance in the workplace. Employers are required to give due consideration to such requests and to respond in writing within certain time limits (currently 28 days).

To ask for training or study:

• staff must be classed as an employee
• they must have worked for their employer for at least 26 weeks
• training must help staff do their job better
• staff must not have made another application in the past 12 months

Time off is usually unpaid unless the University agrees to pay it, if payment is agreed then a Learning Agreement must be signed.

The University can turn down requests when there is a good business reason to do so, including where it does not believe the training will help improve business performance, provided that the procedure detailed in this guide is followed. The full policy can be viewed here: Training and study at work: your rights: Who can and cannot ask for time off to train - GOV.UK

Quick Guides and Templates

1. Managers Checklist/Overview
2. Employees' Quick Guide
3. Template Request for Time Off for Training (includes funding request section if applicable)
4. Template letter for accepting a time to train request
5. Template letter for not accepting a time to train request
6. Learning Agreement - to be signed if time request is accepted or there is a financial commitment on the part of the University

Employee’s right to request time to train:

Employees can request to undertake accredited programmes leading to a qualification, or unaccredited training to help them develop specific skills relevant to their job, workplace or business.

Employees can request to undertake any training which they believe will improve their effectiveness in the business, and the performance of the business, and which is delivered in whichever way they believe is most appropriate and effective.

There is no limit on the amount of time - or the amount of study or training - that an employee can request. Employees can ask to undertake more than one piece of training in a single request, eg where they would like to improve their literacy and numeracy skills in addition to another piece of training.

Eligibility to make a request:

To make a statutory time to train request, the individual must:

• staff must be classed as an employee
• they must have worked for their employer for at least 26 weeks
• training must help staff do their job better
• staff must not have made another application in the past 12 months

Employer’s obligation to consider requests

There is no automatic right to time to train, but employers have an obligation to consider any requests and to comply with the statutory regulations. Individual cases should be considered fairly and on their merits, whilst taking account of the business needs. An employer can turn down requests where there is a good business reason for doing so. The employer is only required to consider one request from an employee in any twelve-month period unless the employee has requested they ignore an earlier request.

Where an employee’s request is accepted, in full or in part, the University does not have to pay for training, but may choose to do so. Similarly, the University does not have to agree to the employee being paid for the time spent training. For example, the manager may agree with the employee that they will work flexibly to make up the time spent training, or that they will take unpaid time off to train. (Although the manager should check with their HR Partner that the proposed arrangement complies with the National Minimum Wage and Working Time Regulations).

However, managers are reminded that the University aims to ‘develop a highly trained, well motivated workforce with the mix of skills and experience required to deliver the core strategic aims of the Institution’ and to create an environment which enables all members of staff to maximize their contribution to the enhancement of the organisation’s goals.

If it is agreed that the University will contribute to funding the development then a Learning Agreement must be signed.

Throughout this process, ‘in writing’ includes by email.

Step 1

An application for time to train under the statutory provisions should be made to the manager and must contain the following information:

• A statement that the application is an ‘application under section 63D Employment Rights Act 1996’.
• Relevant details of the proposed training or study - including the subject matter, where and when it would take place, who would provide or supervise it, and what qualification it would lead to (if any).
• How the employee thinks the proposed training or study would improve their effectiveness in and performance of the employer’s business.
• The date of the application.
• The date and method (e.g. e-mail or letter) that the employee’s last application under the statutory right (if any) was submitted.

Employees can only make 1 request per year.

Employees can submit requests in any written form (as long as the above information is included), but are encouraged to use the standard University form (see introduction section for link to form). 

If a request is invalid because the employee fails to provide all of the necessary information, the manager should notify the employee of this within 28 days (stating the reason why it is considered invalid) and ask them to revise and resubmit the application.

If the manager receives a valid request but needs additional information in order to give it proper consideration, the manager should ask the employee to provide additional information. If the employee refuses, the manager may treat the request as withdrawn.

Step 2

The manager should consider the request and assess if it can be accommodated within business needs. Consideration should also be given to how the training time may be taken (e.g. paid, unpaid, or time made up by working flexibly), and how the costs of the training will be met if the training is agreed.

Step 3

Within 28 days of receiving a valid request the University must either:

• accept the request on the basis of the information set out in the individual's written request and inform the employee of the decision in writing;
• meet with the employee to discuss their request - then within 14 days of that meeting, inform the employee of the decision in writing.

However, if the manager has received a valid request but considers that additional information is needed before the request can be properly considered, the employee can be asked (in writing) to provide additional information. If the employee refuses to provide the additional information, the University can treat their request as withdrawn. The manager should inform the employee in writing that the University considers their request to be withdrawn.

This process might be longer if the person who deals with these requests is off when the request is sent in.

The employee can take a trade union representative or colleague to the meeting. They can ask for the meeting to be postponed if this person can’t make it.

If the employer decides to hold a meeting they must make a decision within 14 days of the meeting, unless the employee agrees in writing to extend this time.

The University may:

• accept in full the employee's proposals for training as set out in their request;
• accept the request, but think the training need can be met in a different way to the request proposal. (eg to deliver training in-house rather than using an external training provider, or a different course or qualification that would better meet the training need the employee has highlighted): in such cases, the manager will need to discuss the employee's request with them before reaching a final decision and confirming it, in writing, to the employee.
• refuse an employee's request but only for one of the following business reasons:
• the proposed study or training would not improve the employee's effectiveness in the business;
• the proposed study or training would not improve the performance of the business;
• the burden of additional costs;
• agreeing to the request would have a detrimental effect on the University’s ability to meet customer demand;
• the University would be unable to reorganise work among existing staff;
• the University 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.

Each Faculty and Division will have different arrangements in place regarding managers who can make decisions on training requests. It is expected that staff will, in the first instance, submit request for training to their Manager or PDR reviewer, although it is recognised that decisions may be made by a more senior manager. Meetings should be conducted by a manager who has delegated authority to make a decision on the employee’s request. 

Once the manager has considered the employee's request for time to train and reached a decision, that decision should be confirmed to the employee in writing within 14 days of that meeting.

If the request is approved, in full or in part, the notification should include the following details:

• the subject of the study or training;
• where and when it is expected to take place, and over what period;
• who will provide or supervise the training;
• what qualification (if any) the training will lead to the award of;
• 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.

In cases where the employee has requested more than one type of study/training in a single request, the manager may decide to agree to part of the application and refuse another part. The decision notice must include the information above and make clear which part of the application is agreed and which part is refused.

Alternatively, during discussions in the meeting with the employee, the manager might agree with the employee to meet their training need in a different way. The written notification should confirm the details of that agreement, including written evidence of the employee's agreement to it.

The manager might agree to an employee's request, but foresee circumstances in which it may later be necessary to withdraw that agreement. In such cases, the manager should agree with the employee the circumstances in which agreement will be withdrawn and confirm this in writing to the employee as part of the written acceptance of their request.

If the manager decides that they cannot accommodate all or part of an employee's request for time to train, they must inform them of the decision in writing within 14 days of that meeting of the meeting, setting out:

• which of the business reasons apply to turning down their request;
• why the business reason, or reasons, apply in their circumstances;
• the appeal procedure;
• the date of the notice.

• Template letter for accepting a time to train request

• Template letter for not accepting a time to train request

If training time and funds are agreed, then a Learning Agreement must be signed.

Employees have the right to appeal if their employer refuses a request to take time off for training or study.  This must be made within 14 days of their employer’s decision.  The appeal must:

• be in writing
• be dated
• set out why they’re appealing - the grounds for the appeal

The employer has to arrange a meeting with the employee to discuss the appeal within 14 days of getting the appeal.  The employer must give their decision in writing within 14 days of the meeting.

If the problem is not resolved

If an employee is not satisfied with the result of an appeal they can phone Acas (Advisory, Conciliation and Arbitration Service) for help and advice or raise a grievance.

If this does not work, the employee could go to an employment tribunal if the employer:

• did not follow the procedure properly
• refused the request based on the wrong facts

Employment tribunal claims must be made within 3 months of an appeal decision.

An employee cannot make a complaint because they simply disagree with the business grounds given by the University.

An employee may make a complaint to an employment tribunal where:

• the decision to reject an application was based on incorrect facts (although this issue should be covered in the appeal meeting); or
• the University did not follow the correct procedure, eg the University did not hold the meeting to discuss the request within the correct timescale or did not provide a complete and proper explanation to the employee of the decision to refuse their request.

An employee cannot make a complaint because they simply disagree with the business grounds given by the University.

In some circumstances, rejecting an employee's request for time to train could open up the possibility of a claim for discrimination on grounds of sex, race, religion or belief, sexual orientation, disability or age or a claim for less favourable treatment under the fixed term or part-time worker regulations.

An employer must not treat an employee detrimentally or dismiss them for a reason relating to their request for time to train.