Employment Matters Bite Size April 2010

Legislation

Right to request time off for training

A new right for employees to request time off work to undertake study or training will apply to businesses with 250 or more employees from 6 April 2010 and to all employers, regardless of size, from April 2011.   

Only employees with more than 26 weeks' service will be entitled to make a request for time off. The training must be for the purpose of improving their effectiveness at work and the performance of their employer's business, although it need not lead to a formal qualification.  An employee may only make one application to an employer in any 12 month period and the application must include specified details.  

As there is no statutory right to have the request granted, the amount of time allowed off is at the discretion of the employer. The employer’s options are to grant all, part or none of the time off requested by the employee. There is no right to payment, however, some employer’s may decide to make a payment. Employers will be required to consider all requests seriously and they may only refuse a request if they think that one of a number of specified business reasons apply. These include the cost burden, inability to reallocate work, effect on ability to meet customer demand, or the employer's belief that the training would not improve employee effectiveness or business performance.  

Employees have a right to bring a tribunal claim if the employer has failed to follow the appropriate procedure or has not given one of the permissible reasons for refusal. The tribunal may award compensation (subject to a limit to be specified in regulations) and/or order the employer to reconsider the application. There is protection from any detriment for making an application and it is automatically unfair to dismiss an employee because an application has been made.

Full details can be found in this month’s Employment Matters (April 2010).

For further information, please click here

Rise in statutory maternity pay, statutory paternity pay, statutory adoption pay, and statutory sick pay

As of 4 April 2010, the weekly rate for statutory maternity, paternity and adoption pay is increased to £124.88.

Statutory sick pay remains unchanged at £79.15.