Just like flexible working, it should not normally be too difficult for an employer to identify a ‘permissible’ reason for refusing a ‘time off for training’ request.
Not all training requests must be made using the new statutory procedure. It is likely to be the case where existing systems are in place to request training, these can still be followed.
In order to qualify for the right to make the statutory request, an employee must have 26 weeks’ continuous service. The training must be for the purpose of improving their effectiveness at work and improving the performance of the employer’s business.
An employee is only entitled to make one application in any 12 month period. The employee must set out his or her request in writing, date it and include certain required information. Amongst the required information is a statement that the request is made under Section 63 D of the Employment Rights Act 1996.