Right to request study or training

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Right to request study or training
  • Eligibility and qualifying period
  • Qualifying period
  • Exclusions
  • Making an application
  • Purpose and nature of study or training
  • Formal requirements of applications
  • Responding to an application
  • Meetings and response
  • Agreeing to the whole of an application
  • More...

Right to request study or training

Coronavirus (COVID-19): The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (Week’s Pay Amendment Regs 2020), SI 2020/814, which provide (among other things) that compensation for breach of the statutory right to make a request in relation to study or training payable to an employee who has been furloughed under the Coronavirus Job Retention Scheme (CJRS) is calculated on the basis of their normal wages, rather than a reduced furlough rate, are considered in Practice Note: Coronavirus Job Retention Scheme—right to statutory redundancy and other termination payments.

Certain specified employees have the statutory right to make a request to undertake study or training.

This statutory right:

  1. came into force on 6 April 2010 for employers with 250 or more employees

  2. was expected to come into force a year later, on 6 April 2011, for all smaller employers, but the Government delayed implementation of that extension to allow time for further evaluation and examination of the potential impact it would have on smaller firms

The method for calculating the number of employees for these purposes is set out in the Apprenticeships, Skills, Children and Learning Act '09 (Commencement No. 2 and Transitional and Saving Provisions) Order 2010, SI 2010/303.

See also Precedent: Policy—time off work for study and training, which reflects this statutory regime.

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