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What is the law when it comes to paid study leave?

Posted by Davenport Solicitors Team on February 1, 2023 in Employment Law

Are employees entitled to be paid for time off for training agreed under the right to make a request in relation to study or training? Here, we explore what is the law when it comes to paid study leave?

Employees are an organisation’s most valuable assets and therefore it is important to invest in them through training and development so that they continue to build on their skills and also have the support and knowledge to carry out their roles effectively. It is therefore advisable for Employers to have a process in order that employees can request training or study.

What are the Employee’s responsibilities?

For a request in relation to study or training to be valid, it must be in writing (email is acceptable) and must stipulate:

  • that it is an application to make a statutory request in relation to study or training;
  • The date of the training;
  • Whether or not the employee has made a previous application in relation to study or training, and if so when and how the last application was submitted;
  • the subject matter of the proposed study or training;
  • where and when the proposed study or training would take place;
  • who (if anyone) would provide or supervise the study or training;
  • what qualification (if any) the study or training would lead to; and
  • how the employee thinks the proposed study or training would improve his or her effectiveness in the business and the performance of the business.

If, following a valid request in relation to study or training, the employer thinks that it needs additional information before it gives proper consideration to the request, it can ask the employee to provide further information.
Where the employer agrees to an employee’s request, the employee must inform the employer if he or she subsequently fails either to start or complete the agreed study or training or decides to undertake a programme of study or training that differs from what was agreed.

Employers are required to consider only one valid request from an employee in any 12-month period. To ensure that employees don’t leave so soon after obtaining their qualification, employers need to ensure that their policies are watertight so they may be able to claim back any payments made to the employee should they leave after a specific period of time following gaining their qualification(s)! They may only do this if it’s in writing and agreed with the employee.

If you have any questions about implementing a study or training policy or have a HR/employment query, please contact one of our solicitors on 0207 903 6888 or click here.

The material contained on this website contains general information only and does not constitute legal or other professional advice and should not be relied upon as such. While every care has been taken in the preparation of the information on this site, readers are advised to seek specific legal advice in relation to any decision or course of action.

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