Statutory Right to Request Time Off for Training

UK employees with 26 weeks’ service have the statutory right to request time off for training that leads to a qualification, but employers can refuse on business grounds.

Key Takeaways

• Employees need 26 weeks’ continuous service to qualify
• Training must lead to a recognized qualification
• Employers can refuse requests on business grounds
• The request must follow a specific procedure
• This is a right to request, not a right to time off

Eligibility Requirements

Employee Criteria

1. 26 weeks’ service — Continuous employment at the time of request
2. Qualification — Training must lead to a recognized qualification
3. Notice — Reasonable notice given (usually before start date)

Training Criteria

• Must lead to an approved qualification
• Must be relevant to the employee’s role or career development
• Must be from an approved training provider
• Must be the employee’s first Level 2 qualification or higher

The Request Process

Step 1: Employee Makes Request

• Written request — Must be in writing
• Advance notice — Reasonable notice before training starts
• Specify details — Qualification, training provider, duration, costs
• Propose how absence will be managed — Cover work arrangements

Step 2: Employer Considers Request

• Consider business needs — Impact on business operations
• Assess costs — Training fees, travel, accommodation
• Evaluate timing — Impact on workflow and deadlines
• Check alternatives — Other ways to achieve training goals

Step 3: Decision

• Respond in writing — Within a reasonable timeframe
• Provide reasons — If refusing, explain business grounds
• Allow appeal — Employee can appeal the decision

Employer Obligations

When Must Grant

Employers must grant requests unless they have a valid business reason to refuse.

Valid Grounds for Refusal

Ground	Explanation
Business impact	Significant disruption to operations
Financial impact	Unreasonable cost to the business
Service length	Employee has insufficient service
Performance	Training not relevant to role
Timing	Bad timing for business needs

What Employers Cannot Do

• Refuse without reason — Must provide business grounds
• Discriminate — Due to protected characteristics
• Ignore requests — Must respond within reasonable timeframe
• Penalize employees — For making requests

Training Providers

Recognized Qualifications

• NVQs and SVQs
• Functional Skills qualifications
• BTEC qualifications
• Diplomas and certificates
• Professional qualifications

Approved Providers

• Local colleges and training providers
• National training organizations
• Online learning platforms (if approved)
• Apprenticeship providers

Time Off Entitlement

Paid or Unpaid

• Statutory right — Time off for training
• Payment — Not required by statute
• Employer policy — May offer paid training leave
• Contract terms — Check employment contract

Amount of Time Off

• Reasonable amount — Depends on training duration
• Pro-rata — Part-time employees receive proportionate time off
• Flexibility — Can be taken in blocks or days

Managing Training Requests

For HR Teams

1. Develop clear policy — Document procedure for training requests
2. Train managers — On handling requests fairly
3. Track requests — Maintain record of requests and outcomes
4. Monitor compliance — Ensure statutory requirements met

For Managers

• Consider requests fairly — Business needs vs employee development
• Explore alternatives — Could training be done outside work hours?
• Document decisions — Record reasoning for approval or refusal
• Support employees — Where possible, facilitate training

Leave Management for Training

Effective management requires:

• Request tracking — Monitor and respond to training requests
• Absence recording — Track training-related absences
• Cost tracking — Monitor training expenditure
• Policy integration — Connect with absence and development policies
• Manager guidance — Clear process for handling requests