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.
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In a Nutshell
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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.
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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.
Mentorwill 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 0800
634 7000 or speak to your Employment Law Consultant
direct.
Alternatively, if you are interested in Employment Law,
Health or Safety or Tax Training, please call our Training Hotline
0800 634 7001.