In Chris’ latest Coffee Break Briefing, he explores the different types of statutory leave, highlights the key enforcement risks and potential claims and outlines the latest changes and new entitlements employers need to be aware of.
The Department for Innovation, Universities and Skills has published a consultation paper on a proposed new right for employees to request time off work to undertake training.
The right will apply only to employees (not workers in the wider sense) who have completed at least 26 weeks' employment with their employer. The right is to request unpaid time off work and only one request may be made in any 12-month period. Employers will not have to pay for the training if they grant a request, although they may agree to do so if they wish. Not all training will be covered by the new right: the training must help the employee be more productive and effective at work and help the employer to improve productivity and business performance.
The application process will follow a procedure (and corresponding timetable) very similar to that already in place for the right to request flexible working. Employers will have to consider an employee request fairly and seriously and will only be able to reject it for one or more prescribed business reasons. These reasons broadly mirror those currently available for rejecting a request for flexible working:
- burden of additional costs;
- detrimental effect on ability to meet a customer demand;
- inability to reorganise work among existing staff;
- inability to recruit additional staff;
- detrimental impact on quality;
- detrimental impact on performance;
- insufficiency of work during the periods the employee proposes to work; or
- planned structural changes.
In addition to the above business reasons, an employer would be able to turn down a request where they do not believe that the training being requested would help the employee to become more effective and productive at work, or contribute to improved business productivity or performance in the short or long term.
If the request is granted, it would be up to the employer and the employee to agree how much time off was taken. Employees will have the right to appeal the employer's decision, first to the employer and then to the Employment Tribunal. Appeals to the Employment Tribunal would only be allowed where the employer has failed to follow the correct procedure or where the employer had rejected the application on the basis of incorrect facts.
The consultation is due to close in September 2008. An update regarding this proposed new right will be included in a future Employment Brief.
Read the other articles in this newsletter:
48-hour week opt-out to remain
"Self-employed" workers can claim unfair dismissal
Keeping a written record does not amount to a detriment
Q and A - The 48-hour week
STOP PRESS - New Equality Bill
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