Statutory Right to Request Time to TrainApplication Form and Decision Notice

It is anticipated that normal University procedures for applying for development will apply in the majority of cases. Any development needs should be discussed with the line manager. However, an employee is entitled to make an application for Time to Train under the statutory right should they wish to do so.

Please ensure you have read the University’s Guidance on the Statutory Right to Request Time to Train which can be found on the HR Intranet.

Employees who wish to submit a request under the statutory right are encouraged to use this standard form (use the part entitled ‘Time to TrainApplication’).

This form also includes sections for the manager to acknowledge receipt of the application (use the ‘Confirmation of Receipt’ box at the end of the ‘Time to Train Application’) and to notify the employee once a decision has been made (use the part entitled ‘Time to Train Decision Notice’).

TIME TO TRAIN APPLICATION

(to be completed by the employee of staff)

Note to the employee
If you wish to make an application under the statutory right to request time to train, please complete this section of the form and give it to your manager.
It is important that you complete all the questions otherwise your application may not be valid.
You should ensure that you submit your application to your manager well in advance of the date you wish to commence the training or study.

Personal details

Name: / Staff No:
Manager: / Unit:

Details of eligibility to make a statutory Time to Train request

I would like to apply for time to train under section 63D of the Employment Rights Act 1996.

I believe this development will improve my effectiveness in the business andthe performance of the business.

I am an employee of The Open University (agency workers are not eligible to apply).

I have worked continuously as an employee of The Open University for the last 26 weeks.

I have not made another request under this statutory right during the past 12 months.

Date and method (e.g. e-mail or letter) of any previous statutory request for Time to Train, if applicable:

NB: if you are unable to tick all of the relevant boxes then you do not qualify to make a request for Time to Train under the statutory procedure. This does not mean that your request may not be considered, but you will have to explore this separately with your manager.

Details of the proposed development or study

Provide relevant details, including the subject matter, where and when it would take place, who would provide/supervise it, and what qualification it would lead to (if any):

Benefits of undertaking the development or study

Explain how you think the development/study will improve your effectiveness andthe performance of The Open University

Declaration

The information included in this application for time to train is correct.

Signed:
Name:Date:

Confirmation of Receipt (to be completed by manager and returned tothe employee)
Dear:
I confirm that I received your request for time to train on: / Date
I will be considering this request and may decide to arrange a meeting to discuss thiswith you within 28 days following this date. In the meantime you may wish to consider whether you would like a union representative or colleague to accompany you tothe meeting.
From:

TIME TO TRAIN DECISION NOTICE

(to be completed by the manager)

Note to the manager
Please ensure that you have read the Guidance on the Statutory Right to Request Time to Train available on the HR Intranet. This guidance will assist you in dealing with the application in line with the statutory provisions (which include set timescales and a right of accompaniment at meetings).
The following part of the form can be used to notify the employee of your decision.
You may either decide to:
  • accept the request as set out in the application (then complete section A of the Decision Notice); or
  • meet with the employee to discuss the request before making a decision (then complete section A, B or C of the Decision Notice, as applicable).
Once you have completed the relevant section, please return the form to the employee.

Time to Train Decision Notice

Dear: / Staff No:
Date:
PLEASE SEE SECTION A , B OR C BELOW IN RESPONSE TO YOUR TIME TO TRAIN REQUEST
Section A
I have considered your application for time to train and am pleased to confirm my acceptance of your requestas set out in your application form.
Subject
Place
Time and length (incl. dates)
Name of provider/superviser
Qualification (if any)
I confirm that the development time will be taken as follows:
Please use this space to confirm details of any flexible working agreed, unpaid or paid time off
The costs of the development will be met by:
Section B
Following our meeting, I am pleased to confirm that I am able to accept part of your request.
Notes to manager:
● use this space to make clear which part of the application has been agreed and which part has been refused
● where you have discussed and agreed a varied form of the original application (e.g. where you accept the request but think the development need can be met in a different way), you must make clear the variation agreed to and obtain written evidence of the employee's agreement to it (i.e. ask them to sign in this box alongside your written description of the agreed variation).
Cont.
In respect of the part that has been agreed, I am writing to confirm the following details:
Subject
Place
Time and length (incl. dates)
Name of provider/superviser
Qualification (if any)
I confirm that the development time will be taken as follows:
(please use this space to confirm details of any flexible working agreed, unpaid or paid time off)
The costs of the development will be met by:
In respect of the part that has not been agreed, this is for the following business reason(s):
These reason(s) apply because:
Section C
Following our meeting, I am sorry but I am unable to agreeto your requestfor the following business reason(s):
These reason(s) apply because:
Managers name: / Date:

If you have any questions on the information provided on this form please contact me to discuss them as soon as possible.

If your request (all or part of it) has been turned down and you are unhappy with the decision you may appeal against it. Details of the appeal procedure are set out below.

Appeal Procedure
If all or part of a request for time to train is turned down, the employee has the right to appeal against the decision.
The appeal must be made in writing, setting out the grounds for appeal, and be submitted within 14 days of the date on which the written decision notice is given.
For further details on the appeal process please refer to the Guidance on the Statutory Right to Request Time to Train which can be found on the HR Intranet

Human Resources HRF084

March 2017

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