Time Off to Train derailed?

The future of one of the previous government's flagship schemes now looks doubtful after the announcement of a complete review of the scheme by the coalition government.  The review could mean that SMEs employing up to 250 people will not have to comply with the new procedures from April 2011.

Time Off to train (TOTT) was introduced for larger businesses (employing 250 people or more) in April this year, and was set to be rolled out to SMEs in April 2011.  Under the scheme, employees have a right to request time off work to train.  Although the employer does not have to pay for the training, or for the time off in most cases, an employer which receives a request from an employee does have to follow a procedure to consider the request.  The procedure includes meeting with the employee and giving a right of appeal if the employee's request is not granted.  To lawfully refuse a request, the employer must give one of a number of specific reasons.

Over the summer, the coalition government announced a full review of the scheme ahead of it being rolled out to SMEs in April 2011, as part of its commitment to reduce the burden of "red tape" on employers.  The consultation paper asks whether the scheme should apply to SMEs as planned; whether it should remain as it is, or even whether it should be scrapped altogether.

What's likely to happen?

The very fact that there is a formal review of a scheme already underway seems to indicate the outcome of the review will be that it will not apply to SMEs.  The government has already indicated it wants to reduce the burden of regulation on SMEs by asking the Low Pay Commission to take into account their particular difficulties in its next review of the National Minimum Wage.   The procedures which TOTT imposes on employers could be seen as another burden – in management time – on SMEs.

Given this slant, it also seems likely that larger employers have a strong case for arguing TOTT should not apply to, either.

The outcome of the review should be known early in the new year, and watch this space for further news.