Employees to have legal right to ask for time off for training

Under new Government proposals set to be introduced by 2010 employees will have a legal right to request time off for training.

The new laws will be based on the existing model of the right to request flexible working and will apply to employees in both the private and public sectors. Volunteers who are considered to be employees will also be covered.

Nick Hall, head of our employment team said: "Once the new laws are in place, the employee will have a legal right to ask to have time away to undertake relevant training. Employers will only be allowed to reject the request for a legitimate business reason, such as detrimental impact on performance.

"On the other hand, employees will only be allowed one request a year but that can cover more than one type of training, depending on their skill levels. They should be granted as much time as is needed to get the skills or qualifications agreed. Interestingly, the Government has said that if two employees request to attend the same training event it is possible for an employer to accept one and turn down the other for business reasons."

To exercise the right, the employee would have to submit a written request including details of the training and what qualifications they would receive. However, employers will not have a legal responsibility to pay for any training.

In the event of any dispute, employees will be able to take the issue to an employment tribunal and if it is found they have failed to follow the correct procedures, the employee can claim compensation.

If you would like to know speak to Nick about any employment law matter, you can contact him at nicholashall@hewitsons.com or call him on 01604 233233.