Pursuing training while at work is a great way for people to update their skills in a dynamic business environment. It's beneficial for both business and employee, as a more adaptable workforce is better suited to the restructuring that is sometimes necessary in times of recession. But did you know that, as of 6th April 2010, the right to request training at work has been enshrined in law? Yes, certain employees now have the legal right to request training that will help them to better contribute to their business. But who's eligible, what's the process and how likely is it that the request will actually be granted? Deciding if you're eligible To be eligible for this new right, employees must: - Work for a company with 250 or more employees
- Have worked for that company continuously for at least 26 weeks
- Not be an agency worker, member of the armed forces or young person of compulsory school age
As you can see, there are few limitations on who can apply for training, but it's also important that the employee is pursuing training for the right reasons. Training must either help to improve the employee's effectiveness in the business or the business's overall performance. It must also either be related to their current work, necessary to help them progress or to help them change into a different area of the business. How to make a request If the employee is sure that the training will be both useful and relevant, then they are in a good position to make a request. Requests must be made to the employer in writing, and should include full details of the training and a thorough explanation of how the training will help to improve the business. Employers will then have to respond to the request within 28 days, either to accept the request or to arrange a meeting to discuss it. The meeting will provide a good opportunity to explain the request in detail, including how the employee can continue to work around the training. It's also a chance to ask the employer if they can help fund the training and whether they'll be able to pay the employee while they train. It's important to note that there is no obligation on the employer to pay for the training itself or the employee's wages while the training is being completed. It's therefore a good idea for employees to work in close consultation with their employers to see how far they are willing to support the training. Will it be granted? If an employer decides to refuse a request, the decision must be informed by one or more of a list of 'business reasons' prescribed by the legislation. This decision must be given in writing and must be justified in terms of the perceived lack of benefit the training will offer to the business. The employee then has a chance to appeal the decision and can take the appeal to an employment tribunal if necessary. Ultimately, the new legislation serves to encourage more people to apply for training as a way of improving their performance at work. While the employee has new rights, however, it's very important that all requests are made in close consultation with company management and are made to address the needs of the business, rather than purely personal aspirations. Matt Crumble works in marketing at PBS, a specialist in payroll outsourcing and Human Resources. The PBS website contains resources to give companies guidance with employers' HR documents and you can download a free guide to the Right to request training at work from the HR Document shop.
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