Right for employees to request training: Guide for managers

Funding of training requests

Where an employee’s request is accepted, in full or in part, the University does not have to pay for training, but may choose to do so. Similarly, the University does not have to agree to the employee being paid for the time spent training. For example, the manager may agree with the employee that they will work flexibly to make up the time spent training, or that they will take unpaid time off to train. (Although the manager should check with their HR Business Partner that the proposed arrangement complies with the National Minimum Wage and Working Time Regulations).

However, managers are reminded that the University aims to ‘develop a highly trained, well motivated workforce with the mix of skills and experience required to deliver the core strategic aims of the Institution’ and to ‘create an environment which enables all members of staff to maximize their contribution to the enhancement of the organisation’s goals). Requests for training should be considered in the context of the University’s Learning and Development Policy and the strategic aims of the University, as well as the business plans of the employing College or Service.

See our policy on requesting training.

Responsibility for decision making

Each College and Service will have different arrangements in place regarding managers who can make decisions on training requests. It is expected that staff will, in the first instance, submit request for training to their PDR reviewer, although it is recognised that decisions may be made by a more senior manager. Meetings should be conducted by a manager who has delegated authority to make a decision on the employee’s request.

In cases where the College/Service is unable to accede to a request in full, managers should seek advice from Staff Learning and Development before responding to a request.

Managers in Professional Services should contact Clive Betts (Tel: 01392-725348)

Managers in Colleges should contact the Head of Staff Learning and Development (sldadmin@exeter.ac.uk)

Eligibility

Only employees who have worked continuously for the University for at least 26 weeks on the date they make their request are eligible to make a request. (Time spent working for the University on a claims basis, eg through the Temporary Staff Bank, may count towards this 26 weeks in certain circumstances.)

The University is only required to consider one request from an employee in any twelve month period unless the employee has requested that an earlier request is ignored.

Submission of requests

In order for a request to be valid, it must be submitted in writing and contain the following information:

• a statement that the application is an 'application under section 63D Employment Rights Act 1996';
• the subject matter of the proposed training/study;
• where and when the proposed training/study would take place;
• who would provide or supervise it;
• what qualification it would lead to (if any);
• how the employee thinks the proposed training/study would improve their effectiveness in the business and the performance of the business;
• the date of the application;
• the date and method - eg email or letter - that the employee's last application (if any) was submitted.

Employees can submit requests in any written form provided they contain the above information, but employees should be encouraged to submit requests on form PD191.

The training requested may be an accredited programme - leading to the award of a recognised qualification - or shorter unaccredited training to help the employee develop specific skills relevant to their job, workplace or business. Employees can request training that is delivered in whichever way they believe is most appropriate and effective.

There is no limit on the amount of time - or the amount of study or training - that an employee can request. Employees can ask to undertake more than one piece of training in a single request, eg where they would like to improve their literacy and numeracy skills in addition to another piece of training.

Consideration of requests

Within 28 days of receiving a valid request the University must either:

• accept the request on the basis of the information set out in the individual's written request and inform the employee of the decision in writing;
• meet with the employee to discuss their request - then within 14 days of that meeting, inform the employee of the decision in writing.

However, if the manager has received a valid request but considers that additional information is needed before the request can be properly considered, the employee can be asked (in writing) to provide additional information. If the employee refuses to provide the additional information, the University can treat their request as withdrawn. The manager should inform the employee in writing that the University considers their request to be withdrawn.

The University may:

• accept in full the employee's proposals for training as set out in their request;
• accept the request, but think the training need can be met in a different way to the request proposal. (eg to deliver training in-house rather than using an external training provider, or a different course or qualification that would better meet the training need the employee has highlighted): in such cases, the manager will need to discuss the employee's request with them before reaching a final decision and confirming it, in writing, to the employee.
• refuse an employee's request but only for one of the following business reasons:
  • the proposed study or training would not improve the employee's effectiveness in the business;
  • the proposed study or training would not improve the performance of the business;
  • the burden of additional costs;
  • agreeing to the request would have a detrimental effect on the University’s ability to meet customer demand;
  • the University would be unable to reorganise work among existing staff;
  • the University would be unable to recruit additional staff;
  • agreeing to the request would have a detrimental impact on quality;
  • agreeing to the request would have a detrimental impact on performance;
  • there would be an insufficiency of work during the periods the employee proposes to work;
  • there are planned structural changes during the proposed study or training period.

Requests for training should be evaluated against the Learning and Development Strategy and Training Plan of the College or Service.

Meeting to consider requests

While the University can approve an employee’s request without a meeting, if the manager is not minded to approve the request in full, there must be a meeting with the employee before a decision is made.

The manager should write to the employee:

• acknowledging their request;
• giving reasonable notification of the time, date and venue of the meeting (a minimum of one week and a maximum of two weeks is recommended);
• advising them of their right to be accompanied (see below);
• asking them to confirm their attendance and whether or not they will be accompanied.

If the employee more than once fails to attend a meeting to discuss a request without reasonable cause, the University can treat the request as withdrawn. This should be confirmed to the employee in writing.

Right to be accompanied

The employee has a statutory right to be accompanied by a work colleague (eg a union learning representative) at any meeting, including an appeal meeting. The companion can address the meeting and confer with the employee during it, but may not answer questions independently of the employee.

If the companion is unable to attend the meeting, the employee can ask the manager to rearrange the meeting. The time the employee proposes must be convenient for all attendees, and should take place within seven days of the date originally proposed for the meeting.

Notification of decision

Once the manager has considered the employee's request for time to train and reached a decision, that decision should be confirmed to the employee in writing within 14 days of that meeting.

If the request is approved, in full or in part, the notification should include the following details:

• the subject of the study or training;
• where and when it is expected to take place, and over what period;
• who will provide or supervise the training;
• what qualification (if any) the training will lead to the award of;
• how the training time will be taken - eg whether it will be paid, unpaid, or whether the employee will work flexibly whilst undertaking the training;
• how the costs of the training will be met.

In cases where the employee has requested more than one type of study/training in a single request, the manager may decide to agree to part of the application and refuse another part. The decision notice must include the information above and make clear which part of the application is agreed and which part is refused.

Alternatively, during discussions in the meeting with the employee, the manager might agree with the employee to meet their training need in a different way. The written notification should confirm the details of that agreement, including written evidence of the employee's agreement to it.

The manager might agree to an employee's request, but foresee circumstances in which it may later be necessary to withdraw that agreement. In such cases, the manager should agree with the employee the circumstances in which agreement will be withdrawn and confirm this in writing to the employee as part of the written acceptance of their request.

If the manager decides that they cannot accommodate all or part of an employee's request for time to train, they must inform them of the decision in writing within 14 days of that meeting of the meeting, setting out:

• which of the business reasons apply to turning down their request;
• why the business reason, or reasons, apply in their circumstances;
• the appeal procedure;
• the date of the notice.

• Template letter for accepting a time to train request
• Template letter for not accepting a time to train request

Right of appeal

An employee can appeal to the University to challenge the decision. The appeal must be submitted to the Director of Personnel and Staff Development in writing within 14 days of receiving the written notice refusing their request or part of their request. The appeal notice must be dated and must set out the employee's grounds for making the appeal.

There are no restrictions on the grounds of an appeal. For example, an employee might appeal because they want to challenge a fact given to explain why the business reason applies, or bring to the University’s attention something they weren't aware of when they rejected the application (eg that another member of staff is now willing to cover the hours the employee wishes to train).

The appeal will be considered by a different manager to the person who considered their initial request, as agreed with the Director of Personnel and Staff Development. Generally this will be another member of the College or Service management team, although in some cases it may be necessary to refer the appeal to a senior manager in another College or Service.

The University must act within 14 days of receiving the employee's appeal notice. The University can accept the appeal without an appeal hearing, in which case the manager considering the appeal should write to the employee setting out the same information as is required when accepting an initial request. Alternatively, an appeal meeting must be arranged and held within 14 days of the date the University receiving the employee's appeal notice.

Where it is necessary to hold an appeal meeting, the manager considering the appeal should write to the employee:

• giving reasonable notification of the time, date and venue of the appeal meeting (a minimum of one week is recommended);
• advising them of their right to be accompanied (see below);
• asking them to confirm their attendance and whether or not they will be accompanied.

If the employee more than once fails to attend a meeting to discuss their appeal without reasonable cause, the University can treat the request as withdrawn. This should be confirmed to the employee in writing.

The manager considering the appeal must inform the employee of the outcome of their appeal in writing within 14 days of the date of the meeting. If the employee's request is accepted, the manager considering the appeal must provide them with written notification (as above). If the decision is still to refuse the request, the employee must be sent a dated, written notification including:

• the grounds for the decision;
• why the grounds apply in their circumstances.

The appeal is final within the procedures of the University and there is no further right of appeal. The employee may use the Grievance Procedure only to pursue a complaint that the University has failed to follow its own procedure or that the decision is discriminatory. An employee cannot pursue a complaint through the Grievance Procedure because they simply disagree with the business grounds given by the University.

Right to be accompanied

The employee has a statutory right to be accompanied by a work colleague (eg a union learning representative) at any meeting, including an appeal meeting. The companion can address the meeting and confer with the employee during it, but may not answer questions independently of the employee.

If the companion is unable to attend the meeting, the employee can ask the manager to rearrange the meeting. The time the employee proposes must be convenient for all attendees, and should take place within seven days of the date originally proposed for the meeting.

Further advice

Managers may seek further advice from Staff Learning and Development on how to consider and evaluate requests from employees:

• Managers in Professional Services should contact Clive Betts (Tel: 01392-725348)
• Managers in Colleges should contact the Head of Staff Learning and Development (sldadmin@exeter.ac.uk)