Derbyshire Constabulary RIGHT TO REQUEST TIME OFF FOR TRAINING GUIDANCE POLICY REFERENCE 10/292. This guidance is suitable for Public Disclosure

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1 Derbyshire Constabulary RIGHT TO REQUEST TIME OFF FOR TRAINING GUIDANCE POLICY REFERENCE 10/292 This guidance is suitable for Public Disclosure Owner of Doc: Head of Department, Human Resources Date Approved: October 2010 Review Date: October

2 INDEX Heading Page No 1. Guidance Identification Page Legislative Compliance Introduction Procedures Monitoring and Review Appeals

3 1. Guidance Identification Page Guidance title: Right to Request Time Off for Training Registry Reference number: 10/292 Gudiance implementation date: October 2010 Guidance review date: October 2016 Department / Division responsible: Guidance owner: Human Resources Head of Department Last reviewed by: Ace Williams Date last reviewed: October 2014 Impacts on other policies / guidance / documents (list): Financial Assistance for Training Security Classification: Disclosable under FOI Act: YES Guidance to be published on Intranet YES Guidance to be published on Force Website YES 3

4 2. Legislative Compliance This document has been drafted to comply with the principles of the Human Rights Act. Proportionality has been identified as the key to Human Rights compliance, this means striking a fair balance between the rights of the individual and those of the rest of the community. There must be a reasonable relationship between the aim to be achieved and the means used. Equality and Diversity issues have also been considered to ensure compliance with the Equality Act 2010 and meet our legal obligation in relation to the equality duty. In addition, Data Protection, Freedom of Information and Health and Safety Issues have been considered. Adherence to this policy or procedure will therefore ensure compliance with all relevant legislation and internal policies. 3. Introduction The Right to Request Time Off for Training came into effect on 6 April The aim is to increase the skills of the workforce. It provides only for the right to request and does not include the right to be paid for the time spent training or for the funding of such training. Any request will therefore be for unpaid leave to undertake the training or agreement reached for the member of staff to work flexibly to make up for the time spent training. This will be required to meet operational requirements and may not always be possible depending upon individual circumstances. This guidance seeks to assist staff and managers understand their rights and responsibilities under the right to request. It does not replace any existing routes to training requests i.e. the PDR process. Staff may also be eligible to apply in line with the Financial Assistance and Time Off for External Training Scheme. (Currently, however, financial assistance has been suspended). See scheme in relation to training/courses linked to career grades. 4. Procedures Eligibility Staff employed continuously with the Force for a minimum of 26 weeks may request time to undertake accredited programmes leading to a qualification or for unaccredited training to help them develop specific skills relevant to their role. The request should identify how the training will improve both individual and force performance. Only one application can be made in a rolling twelve month period but there is no limit to the amount of study or training that a member of staff can request in one application. Procedure A report Form 33 should be submitted to the line manager containing the following information: - That the application is submitted under Section 63D Employment Rights Act 1996, which is a right to request time off. 4

5 The subject matter of the proposed training or study. Where and when the proposed training or study would take place. Who would provide or supervise it? What qualification (if any) will it lead to? How the member of staff considers the proposed training or study would improve their effectiveness or performance at work. Date of application. Details of previous application submitted (date, method etc). Dealing with a request On receipt of the request; the manager must respond within 28 days either to: - Approve the request and inform the member of staff in writing. Meet with the member of staff to discuss the request and within 14 days of this meeting inform the member of staff of the decision in writing. Refuse, stating in writing on what grounds this is based (reasons for refusal below). If the manager is absent from work on the day the application is received, the period within which a meeting must be held is automatically extended. A 28 day extension period will begin on the day the line manager comes back to work. The automatic extension can last no longer than 28 days. Any timescales for meetings and issuing written notification can be extended by mutual agreement. Any such agreement should be recorded in writing and a copy given to the member of staff. The record must specify, the period the extension relates to and specify the new end date of the extension. In considering the request managers may also identify an alternative, more suitable course or an internal training programme/solution. The manager can request additional information in order to give proper consideration to the request. If such additional information is refused, the request can be considered as being withdrawn and the line manager should confirm this in writing. Reasons for refusal A request to train may only be refused for one of the following reasons: - The proposed study or training would not improve the effectiveness of the member of staff. The proposed study or training would not improve Force performance. Any additional costs incurred e.g. overtime to cover absence of member of staff. Agreeing to the request would have a detrimental effect on ability to meet service demands. Inability to re-organise work among staff. Inability to provide cover or recruit additional staff. Agreeing to the request will have a detrimental impact on quality and/or performance. Insufficient work during any periods proposed by the member of staff that they may wish to work to make any time up. Planned structural changes during the period of the proposed study or training. 5

6 Meeting the member of staff Members of staff may be accompanied by a staff association or UNISON representative or workplace colleague. If the representative is unable to attend the meeting it should be rearranged within 7 days of the original date. If the member of staff more than once fails to attend the meeting to discuss a request, without reasonable cause, the request can be treated as withdrawn. This should be confirmed. Notification Procedures If the request is approved the line manager must confirm in writing the following details: - The subject of the study or training agreed to. Where and when it will take place and over what period. Who will provide or supervise the training. What qualification to which the training will lead. The training time will be unpaid. That the Force will not meet the costs of the training. Circumstances where the agreement may need to be withdrawn e.g. operational effectiveness, resourcing implications. A copy of the letter (a scanned copy or is acceptable) should be sent to the Shared HR Service Centre to process the unpaid leave. Request Rejected If the request cannot be accommodated the line manager must inform the member of staff of their decision, in writing, setting out: - The reasons for turning down the request (based on the above reasons for refusal). Why the reason/s apply in their circumstances. The appeal procedure. The date of notification. Accepting Part of a Request If the member of staff requests more than one type of study or training at once and only one part is agreed, the notification letter from the manager must clarify which part of the request is agreed and which is not. Agreeing an alternative training outcome Where the manager has recommended a different route to training from the original request and this has been agreed, the notification letter should confirm details of this agreement. This should be countersigned by the member of staff. Copies of all correspondence should be sent to the relevant HR Officer for monitoring. A copy of this correspondence should be scanned to Shared HR Service Centre for attaching to the individual s personal file. 6

7 5. Monitoring and Review The Head of HR is responsible for monitoring the implementation and impact of this guidance. The outcomes of the requests will be monitored to identify any trends or indications of adverse impact. Should a member of staff not complete the training requested or complete any examinations, consideration may be given to the time off that has been agreed to be worked by the member of staff. 6. Appeals Process Employees have the right to appeal if a request to take time off for training or study has been refused. Any appeal should be submitted to the relevant Head of Department or Divisional Commander within 14 days of a decision being communicated to the member of staff. The appeal must be dated and set out the grounds of appeal. Appeal Accepted If the appeal is accepted, the Head of Department/Divisional Commander must respond within 14 days of receipt of the appeal and set out the same notification as outlined above. Appeal Meeting If the appeal is not accepted, an appeal hearing must be arranged within 14 days of receipt of appeal. The principles of the meeting are the same as outlined above. The outcome of the appeal must be given in writing within 14 days of the date of the meeting. If the appeal is successful, written notification must be provided as above. If the appeal is unsuccessful, the member of staff must be sent a dated, written notification including: - The grounds for the decision. Why the grounds apply in the circumstances. Copies of all correspondence should be sent to the relevant HR Officer for monitoring and a copy to the Shared HR Service Centre. The time limit for arranging an appeal meeting or notification can be extended with the consent of the member of staff. A member of staff may bring a claim in an employment tribunal if an application is rejected if: - The correct procedure was not followed properly. Refused the request based on the incorrect facts. 7

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