24th November 2009


 Issue No.  2009/24




Further to our Information Update on 31st July 2009 (2009/16) we update you with regard to The Apprenticeships, Skills, Children and Learning Act 2009 which received Royal Assent on 12th November 2009.
This Act will provide employees (who have a minimum of 26 weeks’ service) with a new statutory right to apply for time off to undertake study or training.
If you employ 250 or more this will apply from April 2010 with all other employers affected from April 2011.
The employer can refuse an application.  However, this needs to be on restricted grounds, such as: - 
  • additional costs to be incurred by the employer;
  • inability to reorganise the work force; and
  • the proposed study would not improve the employee’s effectiveness or performance with the employer.
If an employer unreasonably refuses a request for time off to train, the employee will have a right to bring a claim in the Employment Tribunal.
It should be noted that the employer is not expected to pay employees during their time off for training, nor is the employer expected to bear the costs of the training.
For our clients with our Employment Guidance Manual we will send out further guidance on this nearer the implementation date.
As usual if you have any queries on this or any other matter call us on 08456 446006.





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