Procedure for dealing with Statutory requests for study or training

1. Introduction

This Procedure only applies to circumstances in which employees present a request for time off for study and training in accordance with their statutory right to request study or training applicable from 6 April 2010. It is not intended to address study and training requests outside the statutory framework.

2. Eligibility Criteria

To qualify under the procedure for making a statutory request for studying or training a member of staff must:

• be an employee of the University;
• have at least 26 weeks continuous employment as at the date of the request;
• not have made a request under the statutory procedure within the last 12 months.

The purpose in making the request must be to enable the employee to undertake study or training which would improve his or her effectiveness in the business and the performance of the business.

3. Making a statutory request for study or training

3.1 Scope

Eligible employees may submit a statutory request to undertake any type of study or training, provided that they can reasonably demonstrate that the study or training is likely to lead to an improvement in their effectiveness at work, and consequently an improvement in the performance of the business.

Requests can be made either to undertake an accredited programme leading to the award of a recognised qualification, or for unaccredited training that will help the employee to develop specific skills relevant to his or her job. The proposed training can be conducted in any location and at any time, and can be supervised or unsupervised. However, it must be relevant to the employee´s employment within the University.

3.2 Employee´s Responsibilities

Employees wishing to make a request under the statutory procedure should complete Section I of form SRT1 (Statutory Request for Study or Training Form) and submit this to their Head of Department. The statutory process specifies that for a request to be valid the following details must be included:

• that it is an "application under Section 63D of the Employment Rights Act 1996";
• the date of the application;
• whether or not the member of staff has made a previous application for time off for 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;
• to what qualification (if any) the study or training would lead; 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.

The University is not obliged to consider requests made under this Procedure that do not comply with the above requirements. In these circumstances, the employee will be informed of the reason(s) why the University considers the application to be invalid. The employee may be able to resubmit his or her request after having amended the error or omission (note: this may be done at any point and the employee need not wait 12 months).

3.3. Consideration of the Request

Where a valid request for time off for study or training has been submitted, the Head of Department will arrange a meeting at a date and time convenient to all parties, to discuss the request within 28 days of the date on which the request was submitted.

The employee may be accompanied by a work colleague. The purpose of the meeting will be to discuss the request; its relevance to the employee’s job and the business needs of the department/University, and any possible alternative arrangements that might meet the employee’s training needs.

A decision will be given to the member of staff in writing within 14 days of the meeting.

Each request will be dealt with individually, taking into account the details of the request including any time off requested by the member of staff, and any likely effects of granting such time off, e.g. any effects on the member of staff’s work, or on his or her colleagues. Agreeing to one member of staff’s request will not set a precedent or create a right for another member of staff to be granted time off work for study or training purposes.

3.4. Consent of the Request

Where the Head of Department is able to agree the request without the need for a meeting, they will shall complete form SRT1 (Section II), copying this form to the employee within 28 days of receiving the request.

When, following a meeting, set up under Section 3.3 (above) the Head of Department and the employee are able to reach agreement on a request, the Head of Department shall complete form SRT1 (Section II), copying this form to the employee.

3.5 Non-consent of the Request

Although the University encourages all staff to undertake courses of study or training that are relevant to their employment, there may be occasions when agreeing to an employee´s request is not possible or practicable from a business perspective. In these circumstances, and where it is appropriate, the member of staff´s manager will discuss possible alternative arrangements with the member of staff with a view to seeking a compromise arrangement that suits both parties. There are, however, circumstances in which the University may have to refuse a request; which in accordance with legislation, would be either:

• the proposed study or training would not improve the member of staff’s effectiveness at work, or the performance of the business itself;
• the cost to the business of granting the time off would be too great;
• granting time off would have a detrimental effect on the University’s ability to meet customer demand;
• the University would be unable to satisfactorily to cover the member of staff’s absences;
• there would be a detrimental impact on quality or performance; or
• there are planned structural changes in the department/faculty/University during the proposed study or training period.

The final decision, and the full reason for this should be recorded by the Head of Department on form SRT1 (Section II), copying this form to the employee.

3.6 Appeals

Members of staff may appeal against the University's decision within 14 days of being notified of the decision (as detailed in Part II, of form SRT1).

The appeal should be submitted on form SRT2, and sent to the Department of Human Resources.

The Department of Human Resources may:

• Upon consultation with the Department, uphold the appeal and confirm this in writing, setting out the change agreed to within 14 days; or
• Arrange an appeal meeting within 14 days.
  

The decision shall then be confirmed in writing within 14 days after the date of the meeting.

4. Review of Procedure

This procedure is not contractual and is not intended to be incorporated into individual terms and conditions of employment. It will continue to be reviewed on a regular basis to ensure compliance with relevant legislation, including that relating to equality of opportunity, and may be subject to amendment or withdrawal.

5. Advice and Guidance

For further advice and guidance on the application of this procedure and the management of individual requests please contact the Department of Human Resources.