Employees should follow their organisation’s rules to ask for time off. If there aren’t any they can write to their employer saying it’s a request ‘under Section 63D of the Employment Rights Act 1996’ with the following details: the date the subject matter of the study or training where and when it would take place who’ll be providing the training the name of the qualification they could get - if any why they think this study or training will help them do their job better and help their employer’s business if they’ve made a request before and when An employer does not have to consider the request if all this information is not included. Employees can only make 1 request a year. If the employee changes their mind The employee must tell their employer if they: do not start the agreed training or study do not finish the training or study do a different course or plan to do a different course from the one agreed

Employer's decision and responsibilities

The employer has 28 days to: accept the request hold a meeting with the employee to discuss it This might be longer if the person who deals with these requests is off when the request is sent in. The employee can take a trade union representative or colleague to the meeting. They can ask for the meeting to be postponed if this person can’t make it. If the employer decides to hold a meeting about it they must make a decision within 14 days of it, unless the employee agrees in writing to extend this time. Turning down the request The employer can only turn down a request if: the training would not benefit their business they would run up extra costs for the business they would not be able to meet customer demands they cannot re-organise the work among other members of staff they cannot recruit extra staff it would damage quality and business performance there would not be enough work for the employee to do at the times they intend to work it conflicts with planned structural changes Paying for the training The employer doesn’t have to pay for the training or study. They can choose to pay all or part of the fees if they think it will benefit the business.

Appealing the decision

Employees have the right to appeal if their employer refuses a request to take time off for training or study. This must be made within 14 days of their employer’s decision. The appeal must: be in writing be dated set out why they’re appealing - the grounds for the appeal The appeal meeting The employer has to arrange a meeting with the employee to discuss the appeal within 14 days of getting the appeal. The employer must give their decision in writing within 14 days of the meeting. If the problem is not resolved If an employee is not satisfied with the result of an appeal they can phone Acas (Advisory, Conciliation and Arbitration Service) for help and advice or raise a grievance . Acas Telephone: 0300 123 1100 Textphone: 18001 0300 123 1100 Monday to Friday, 8am to 6pm Find out about call charges If this does not work, the employee could go to an employment tribunal if the employer: did not follow the procedure properly refused the request based on the wrong facts Employment tribunal claims must be made within 3 months of an appeal decision.

Training and study at work: your rights

Who can and cannot ask for time off to train

Staff may have the right to ask for time off work for training or study.

To ask for training or study:

staff must be classed as an employee
they must have worked for their employer for at least 26 weeks
training must help staff do their job better
at least 250 people must work in the organisation

Time off is usually unpaid unless the employer agrees to pay it.

Check someone’s employment status.

Who cannot ask for time off to train

Staff cannot ask for time off for training or study if they’re:

an agency worker
in the armed forces
of compulsory school age (‘school age’ in Scotland)
a young person who’s already got the right to take paid time off for study or training
aged 16 to 18 and already expected to take part in education or training

View a printable version of the whole guide

Training and study at work: your rights

Who can and cannot ask for time off to train

Who cannot ask for time off to train

Is this page useful?

Help us improve GOV.UK

Help us improve GOV.UK

Cookies on GOV.UK

Training and study at work: your rights

Who can and cannot ask for time off to train

Who cannot ask for time off to train

Related content

Is this page useful?

Help us improve GOV.UK

Help us improve GOV.UK