Time Off for Training UK: Employer Duties Explained
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Part ofUK Employment Law Guide for Employers (2025)
Supporting employees to learn new skills is one of the more rewarding parts of running a business, but it also comes with legal responsibilities that are easy to overlook. In Great Britain, staff working for larger employers have a statutory right to ask for time away from their regular duties to study or train, and the way you handle that request matters.
Get it wrong and you risk a tribunal claim. Get it right and you build a workforce that actually wants to stick around. This guide walks through how the right to request training time works, who it applies to, what the timeframes look like, and the grounds on which you can say no.
It is written for employers, HR managers and business owners who want a practical overview of the rules without the legalese.
Overview
The right to request time off for study or training sits within the Employment Rights Act 1996, with the relevant provisions inserted by the Apprenticeships, Skills, Children and Learning Act 2009. In essence, qualifying employees working for employers with 250 or more staff can formally ask for paid or unpaid time to undertake learning that would make them more effective in their role.
This is a right to request, not a right to be granted time off automatically. Employers must genuinely consider each application, follow the statutory process, and can only refuse on specific grounds set out in the legislation. The training does not need to lead to a formal qualification.
It could be a short course, on-the-job learning, or external study, provided it genuinely improves performance at work and brings some benefit to the business. Failing to follow the procedure correctly can expose an employer to claims in the Employment Tribunal, so having a clear internal policy that mirrors the statutory framework is worth the effort.
Key steps
- Check whether the employee qualifies. The right applies to employees (not agency workers, not the self-employed) who have been continuously employed for at least 26 weeks at the date the request is made. Confirm the length of service and employment status before treating the request as a statutory one.
- Review the written application. The request must be in writing and should confirm it is being made under the statutory provisions. It should set out the subject of the proposed training, where and when it would take place, who would deliver it, any qualification it leads to, and how it would benefit the employee's work and the business as a whole.
- Decide whether to accept or arrange a meeting. Within 28 days of receiving the request, you either accept it in writing or arrange a meeting to discuss the proposal with the employee. If you accept, confirm the practical details in writing, including dates, pay arrangements and any conditions attached.
- Hold the meeting and issue a decision. If a meeting is needed, it should take place within that 28 day window, and the employee has the right to be accompanied by a colleague. A written decision must follow within 14 days of the meeting, clearly stating whether the request is granted, partially granted, or refused.
- Handle appeals properly. If you refuse the request, the employee can appeal within 14 days. Arrange an appeal meeting promptly, allow the employee to present their case, and issue a written outcome. Keep records of every stage, as this paper trail will matter if the matter ever reaches a tribunal.
Common questions
If you're dealing with this kind of situation, a call with an experienced legal adviser can help you work out the right next step — from £89.
Common questions
Q Which employers are covered by the statutory right?
The statutory right to request time off for study or training applies to employers in Great Britain who have 250 or more employees. Smaller employers are not legally required to follow the statutory framework, although many choose to offer similar arrangements as part of their wider staff development approach. If you are close to the threshold, it is worth reviewing your headcount regularly.
Q Does the employer have to pay the employee during training time?
There is no automatic right to paid time off under this particular statutory scheme. Pay during training is a matter for agreement between the employer and the employee, and should be addressed when the request is considered. Some employers pay in full, some part-pay, and some grant unpaid time. Whatever you decide, confirm the arrangement in writing to avoid disputes later on.
Q On what grounds can I refuse a training request?
The legislation sets out specific permitted grounds for refusal, including the burden of additional costs, detrimental effect on quality or performance, inability to reorganise work or recruit cover, insufficient work during the relevant period, planned structural changes, and the belief that the training would not benefit the business. You must identify which ground applies and explain it clearly in your written response.
Q Can an employee take the matter to an Employment Tribunal?
Yes. If an employer fails to follow the procedure, relies on incorrect facts, or refuses a request on grounds outside the permitted list, the employee can bring a claim. A tribunal can order the employer to reconsider the request and may award compensation. This is why following the statutory timeline and keeping written records of each stage of the process is so important.
Q How often can an employee make a request?
An employee can submit one statutory request in any twelve month period. If a request has already been made and dealt with in that window, the employer is not required to treat a further request as a statutory one. That said, many employers accept informal requests throughout the year as part of their normal development conversations with staff.
Q Does the training have to lead to a qualification?
No. The training or study does not need to result in a formal qualification for the right to apply. What matters is that it is intended to improve the employee's effectiveness in their job and contribute to the performance of the business. This means everything from short internal courses to longer accredited programmes can potentially fall within scope.
Q What should a time off for training policy contain?
A good internal policy will explain who is eligible, how to submit a request, what information to include, the timescales the employer will follow, the grounds on which a request may be refused, and the appeal process. Aligning the policy with the statutory framework reduces confusion and makes it easier to handle requests consistently across the organisation.
If you're dealing with this kind of situation, a call with an experienced legal adviser can help you work out the right next step — from £89.
Sources
This guide is based on primary UK law and official guidance.
- LegislationEmployment Rights Act 1996legislation.gov.uk
- LegislationApprenticeships, Skills, Children and Learning Act 2009legislation.gov.uk
Legal helpline
Unsure how to handle a training request?
Training requests can look straightforward until you are staring at a form on your desk with a 28 day deadline ticking. An experienced legal adviser can talk through the statutory process with you on the phone and help you think through your options based on what you describe.
- Plain-English answers to your specific questions about the request
- A clear explanation of the statutory timeframes that apply to your situation
- Practical perspective on the grounds for refusal based on what you describe
- Clarity on your next steps before you respond in writing
Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.