Time Off for Training Policy and Procedure

1. Background

As a learning organisation, York St John University is committed to creating an equitable, developmental and motivating working environment, with continuing personal and professional development being integral to achieving this. The University provides comprehensive development opportunities for its employees, and our commitment to the process of annual Personal Development Review provides a forum for staff to discuss their development needs in a structured setting.

Whilst staff development at York St John tends to be determined and agreed through informal and formal line management discussion, in order to support staff to take up learning opportunities and to meet our legal obligations, York St John University has introduced this formal Time Off For Training Policy. However, not all training requests need to be made using this Policy. Staff development systems are already in place and these, together with open dialogue, can continue to be the route to request training.

This procedure meets the statutory requirements of the Employment Rights Act 1996 which requires us, as an employer, to consider and respond to formal requests for time off for training within a set time frame. This procedure should be considered alongside the University’s overall approach to staff development and should not be used to replace informal requests for learning and development made through the PDR and line management processes.

2. Scope

This procedure is applicable to all employees who have worked for the University continuously for 26 weeks by the date the application for time off for training is made. Employees should limit their formal applications under this procedure to one per 12 month period.

3. Reasons for requests

Employees can make requests to undertake training which they believe will improve their effectiveness in their role and the work of the University. The training they undertake can include accredited programmes (leading to the award of a recognized qualification), or shorter unaccredited training to help them develop specific skills relevant to their role. However, it should be emphasised that managers should consider the effect on the service and account must be taken of the impact on service needs and other staff when making a decision as to whether to approve the request.

Employees can request training that is delivered in whichever way they believe is most appropriate and effective. For example, they might request training which would be:

undertaken on the University’s premises or elsewhere, including at the employee's home
delivered whilst they are performing their employment duties or separately
provided or supervised by the University, a local college or training provider
undertaken without supervision
undertaken within or outside the UK

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 for time to train, e.g. where they would like to improve their literacy and numeracy skills in addition to another piece of training. All requests will be considered in relation to operational requirements and in accordance with section 6 below.

4. Payment for time spent training

Employees will have the right to request that the University allows them time to undertake training. However, they do not have the right to be paid for the time spent training when a request is agreed.

It may be that a manager agrees to a request for time to train, and reaches agreement 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. The decision will be dependent on the type and length of study and the benefits to the University.

Decisions about whether training will be funded by the University will be taken in line with local departmental/faculty practice and/or with reference to the University’s Fee Remission Policy. Payment entitlements are not within the remit of this Procedure.

5. Process for a Time to Train Request

Employees who wish to request a time to train should complete the Time Off to Train Request Form. Any application must:

include the subject matter of the proposed training or study
state where and when the proposed training or study would take place
state who would provide or supervise it
detail what qualification it would lead to (if any)
detail how the employee thinks the proposed training or study would improve the effectiveness of the university
state the date of the employee's last application (if any)
be signed and dated

This form should be sent to the line manager and a copy to Staff Development.

Once the employee’s line manager is in receipt of the request form, within 28 days of receiving a valid request they will either:

accept the request on the basis of the information set out in the individual's written request and inform the employee of your decision in writing
meet with the employee to discuss their request

If it is difficult to arrange a meeting within 28 days after the application has been received then the manager should seek the employee’s agreement to extend the period.

6. Consideration and decision

The manager must inform the employee of their decision in writing within 14 days after the day of the meeting (should a meeting be held). If more time is needed to make a decision then the manager must obtain the agreement of the employee for an extension to the 14 days.

There may be cases where the manager is content to accept in full the employee's proposals for training as set out in their request. There may also be cases where the manager is content to accept the request, but thinks the training need can be met in a different way to the request proposal. For example, they may prefer to deliver training in-house rather than using an external training provider, or they may be aware of different courses or qualifications that they believe would better meet the training need the employee has highlighted. In such cases, they will need to discuss the employee's request with them before reaching a final decision and confirming it in writing to the employee.

Once the training and training method have been agreed the manager will need to consider how the costs of the training will be met (with reference to the University’s Fee Remission Policy, where appropriate).

The University may only refuse an employee's request for time to train for one of the following business reasons:

Burden of additional cost
Detrimental effect on ability to meet service demands
Inability to reorganise work among existing staff
Inability to recruit additional staff
Detrimental impact on quality
Detrimental impact on performance
Insufficiency of work during the periods the employee proposes to work
Planned structural changes

It will not always be possible to agree a request. In such circumstances the manager must, in writing:

State one or more of the business grounds (see list above) why the request cannot be accepted
Provide an explanation of why the business reasons apply in the circumstances
Set out the appeal procedure

7. Appeal

An employee has 14 days after the date of written notification of the manager’s decision to appeal in writing. An appeal should be made to the next level of line management (for example, the Deputy Dean of the Faculty if the original line manager was the Head of Subject) and the employee must set out the grounds of their appeal.

There are no restrictions on the grounds of appeal.

An appeal meeting will be held within 14 days after receiving notification from the employee. The meeting will be supported by a member of the Staff Development team and the employee is entitled to be accompanied by a friend or trade union representative. The manager who made the original decision may be called as a witness to the meeting to explain the reasons for their decision and/or outline procedures followed. The manager hearing the appeal and the employee will have the opportunity to ask questions of the witness.

The manager hearing the appeal must inform the employee of the outcome of the appeal in writing within 14 days after the date of the meeting. If the appeal is upheld the manager hearing the appeal will confirm the arrangements for time off for training. If the appeal is dismissed the manager hearing the appeal will state the grounds for the decision appropriate to the grounds for appeal. There is no further right of appeal and this is the final stage of the procedure

8. Time Off For Training Request Form

Time Off For Training Request Form