The right to request time to train
In addition to the learning and development opportunities set out in section A5 of the employment code, if you have more than 26 weeks of continuous service then you have the statutory right to request your employer for time off to train.
You can only make one application in a 12 month period.
The request must be in writing to your line manager, using a training request form, (see appendix A5.2 ), for establishments using RCUK SSC Ltd this form is available on KnowledgeBase.
You should include the following:
- Name of programme
- Training provider
- Qualification, if applicable
- Start and completion date
- Subject matter
- Method and place of study
- Cost of the programme
- Training time required
- Date of application
- How the training will help improve business performance and your effectiveness in BBSRC
On receipt of an application line managers should:
- Acknowledge your request and seek advice from their Learning and Development Manager
- Arrange a meeting with you within 28 calendar days of receipt of your application to discuss your request. (This meeting is not required if your request is agreed and notified to you within the 28 day period)
- Allow you to be accompanied at the meeting by a trade union representative or work colleague
- Notify you of the decision in writing, within 14 calendar days of the date of the meeting
This notification will:
Accept your request, including whether the time off to train will be paid or unpaid; or
Accept part of your request, (for example if more than one type of training or study is requested at once it may be that only part of the request is agreed) including whether the time off to train will be paid or unpaid; or
Reject your request; a request may be rejected for the following business reasons:
- The proposed study or training would not improve your effectiveness in BBSRC
- The proposed study or training would not improve the performance of BBSRC
- The burden of additional costs would be too great
- The proposed study or training would have a detrimental effect on BBSRC's ability to meet stakeholder demand
- It would not be possible to reorganise the work among existing staff
- There is insufficient work during the periods you propose to work
- The proposed study or training would have a detrimental effect on performance or quality
- There are planned structural changes during the proposed study or training period
You may appeal within 14 calendar days of the date of notification of your line manager's decision. Your line manager must arrange a meeting to take place within 14 calendar days of receiving notice of the appeal; this will usually be with the learning and development manager or your co-signatory. You may be accompanied by a trade union representative or work colleague at the meeting.
You will be informed of the outcome of the appeal in writing within 14 calendar days of the date of the meeting.
You (and if appropriate the person accompanying you) are expected to make every effort to attend an arranged meeting.
If you or your companion are unable to attend the meeting (including an appeal meeting) you should propose a new time that is suitable for you, your companion, and the appropriate manager. The rearranged meeting must be within 7 calendar days of the original date proposed for the meeting.
If you fail to attend the meeting (or appeal meeting) more than once without a reasonable explanation, your employer can treat your request as withdrawn.
You must tell your line manager in writing and with the date, if you:
- do not start the training
- stop attending the training
- do anything different to the training you have agreed
If you do not attend the agreed training without telling your line manager, we may consider taking disciplinary action against you.
If you change your mind about attending the training after we have agreed to your request, you should discuss this with your line manager.
There might be circumstances when we may wish to withdraw support for your training, for example, if the training course is over a long period. You should be open to discussing this with your line manager in your meeting and consider agreeing to circumstances when support may be withdrawn. This will be included in the written notification to you from your line manager following consideration of your request.
Last updated 22/02/11
Amendment 121 - February 2011