Employment Law Update (July 2008)
Time Off to Train
Employees could be allowed to ask their bosses for time off to train if government
proposals become law.
The proposals are currently under consultation, but it is expected they will work
in the same way as the existing "right to request flexible working arrangements".
This will mean that the employer will be able to refuse a request, but only after
discussing it with the employee at a meeting; seriously considering it and giving
a specific reason why it cannot be accommodated. The employee will also have a right
of appeal.
The biggest problems for businesses are expected to be in operating the correct
procedure for dealing with such requests and in arranging cover for the time the
employee is away from the workplace.
In a Nutshell
Employees will have the right to request time off work for training after 26 weeks’
service.
On receiving such a request, employers must arrange a meeting with the employee
to discuss it and give the employee a right of appeal if they turn down the employee’s
request.
The employer may refuse the request on specific grounds.
The time off will be unpaid, and the employer will not be expected to contribute
towards the costs of the training.
The government is consulting on whether small businesses should be exempted from
the new rules, but given that most new employment laws apply equally to all businesses,
this is unlikely.
Mentor will be responding to the consultation and will provide further information
when the proposals become clearer. In the meantime, if you have any HR queries,
please call the Mentor Employment Law Advice Line on 0870 523 8473 or speak to your
Employment Law Consultant direct.
Maximum call charge from a BT landline is 6p plus up to 6p per minute.
Business rates and calls from other networks may vary.
Alternatively, if you are interested in Employment Law, Health or Safety or
Tax Training, please call our Training Hotline 0870 606 1036.
Maximum call charge from a BT landline is 6p plus up to 6p per minute.
Business rates and calls from other networks may vary.
