UNIVERSITY OF LEICESTER PROCEDURE EMPLOYEE STUDY AND TRAINING PROCEDURE For use in: All Schools/Department/Colleges of the University For use by: All University employees Owner HR Operations Dates of Trade Union Consultation Start: 26 May 2010 End: 5 November 2010 Date Staffing Policy 5 November 2010 Committee Approval Date Strategy, Policy 15 March 2011 & Resources Committee Approval Launch Date 21 March 2011 Review Date March 2012
EMPLOYEE STUDY AND TRAINING PROCEDURE 1. Introduction 1.1. The Employee Study and Training procedure provides a framework for line managers to consider a staff member s request for time off to attend study, training and development activities. In line with legislation, there is a strict procedure and timescales that must be observed with formal requests. 1.2. All employees with more than 26 weeks service have the statutory right to request time for study or training under the Employee Study and Training Regulations 2010. Some employees aged 18 or under are subject to specific laws on education and training and may not be covered by this procedure. Further information is available from HR. 1.3. The University already has an existing mechanism for staff to take paid time off to attend internal training courses run by the Staff Development Unit. Line managers across the University also support staff to take paid time off to attend external staff training and development activities such as workshops and conferences. This procedure does not seek to change those existing arrangements. 1.4. This procedure should be read in conjunction with the Employee Study and Training policy. 1.5. The main steps of the formal Employee Study and Training procedure are: Formal request for time off for study or training; Formal meeting within 28 calendar days of the request; Formal outcome letter within 14 calendar days of the meeting; and Right of Appeal with Appeal Hearing to be held within 14 calendar days of receipt of the appeal letter. 2. Definitions The University has developed the definitions below in order to provide guidance to managers and staff. Training Study Time Off Organised developmental activity aimed at imparting information and/or instructions to improve the recipient s performance or to help him or her attain a required level of knowledge or skill. A specified course of study (which may or may not lead to a formal qualification) to increase an individual s skills and knowledge on a subject through concentration on prepared learning materials. A release from work duties either paid or unpaid. 3. Initial considerations Page 2 of 10
3.1. Where a member of staff wishes to make a formal request for time off for study or training under the Employee Study and Training Regulations 2010, he/she should be able to justify his/her need for training, in line with the regulations. 3.2. A line manager is only obliged to consider one formal request for time off for study or training in any 12 month period under the Employee Study and Training Regulations, although they may consider additional requests at their discretion. 3.3. Where the study or training is not to be carried out by the Staff Development Unit, then a member of staff must make a formal request (in line with this procedure) and gain approval from their line manager before enrolling on a course. 3.4. Any time off or amendments to work commitments, duties and working hours must be discussed and agreed with the line manager in advance of the start of the study or training. This includes payment of course fees, adjustments to salary whilst training and any other associated training costs. 3.5. When making a formal request for time off for study or training, a member of staff should make it clear whether they intend to pay for the study or training or whether they intend to request that the University pays. 4. Informal requests for study or training 4.1 The existing mechanism for staff to request to take paid time off to attend internal training courses run by the Staff Development Unit or to take paid time off to attend external staff training and development activities such as workshops and conferences should continue to be used where appropriate. Further details of internal training courses can be found at: http://www2.le.ac.uk/offices/staffdevelopment. 4.2. The University anticipates that many routine, training requests can be considered informally, without having to use the formal procedure e.g. where a member of staff wishes to attend a short conference, workshop or training course and their line manager agrees. 4.3. In circumstances where line managers and/or members of staff are unsure of whether a request constitutes a formal or informal request, they should contact HR for guidance to ensure that the correct procedure is followed. 5. Formal requests for training 5.1. There are a number of circumstances where it may be more appropriate to use the formal procedure for requesting time off for study or training. This includes instances where: the duration of the study or training is likely to be lengthy and the member of staff wants to request a regular or sustained period of time off for training or study i.e. to undertake a part-time degree or professional qualification. Page 3 of 10
a member of staff wishes to change their terms and conditions of employment for the duration of the course by requesting a flexible working arrangement to undertake study or training e.g. to reduce their hours in order to undertake a day release course. A member of staff and their line manager have discussed a request for time off for study or training informally and are unable to reach agreement. An informal request for time off for study or training has been rejected. 6. Making a formal request for time off for study or training 6.1. A member of staff must make their formal request for time off for study or training, in writing. It must be dated and it must state: the date of the request; this is a formal request for time off for study or training under the Employee Study and Training Regulations 2010 Employee Study and Training Procedure; details and the subject matter of the study or training; where and when the study or training will take place; who will provide or supervise the study or training (for example, a training provider, or someone at work supervising on-the-job training); the name of the qualification the training will lead to (if any); an explanation of how the study or training would improve your effectiveness at work and the performance of the University; whether a previous request has been submitted and if so, the date of the previous request. 6.2. It would be helpful for an application to provide details of training costs or tuition fees (including who will pay for the training). 6.3. An application for more than one type of study or training can be made at the same time providing the request is reasonable. 6.4. A request for time off for study or training cannot be amended once it is submitted for consideration. However a member of staff may suggest changes with their line manager during the formal meeting to discuss the request. 6.5. A member of staff may withdraw a request for time off for study or training before it is considered by their line manager. Where a request is withdrawn, the University will consider that the member of staff no longer wishes to pursue the training. 6.6. If a member of staff decides to withdraw a request for study or training they should notify their line manager as soon as possible. 7. Formal Meeting - Discussing a request for time off for study or training 7.1. The line manager will ensure that the timescale for a decision (from time of receipt to a final decision) will be 28 days or less, unless they are on holiday or sick in which case the next level of management will consider the request. Page 4 of 10
7.2. Where a formal meeting is held, a decision will be given by the manager within 14 days of the meeting, in line with legislation. 7.3. On receipt of a request for time off for study or training, a line manager must carefully consider the request. Where a request can be agreed in full, the line manager will write to the member of staff, accepting the request in full. There are prescribed details that need to be included in a formal response letter. For further details, see next section called Formal Outcome of time off for study or training request. 7.4. Where further discussion is required, the line manager will arrange a formal meeting with the member of staff (within 28 days of receipt of the request) to discuss it. 7.5. Any meetings to discuss a time off for study or training request will be arranged at an appropriate time and place. 7.6. A member of staff has the right to be accompanied to the formal meeting by a trade union representative or work colleague. Where the staff companion is unavailable to attend a meeting, the employee must propose a meeting not more than 7 days later. 7.7. During the meeting, the member of staff should be prepared to discuss all aspects of their request, including how the study or training will: improve their effectiveness; improve the performance of the University; be delivered; be paid for. 7.8. The University may suggest some different study or training options or different ways in which to meet the training need. This may include discussions about how the study or training will be accommodated and financed. The member of staff should be willing to consider these suggestions. 8. Formal Outcome of time off for study or training request 8.1. A line manager may decide to: Accept a request for time off for study or training (in full); Accept a request for time off for study or training (in part); or Decline a request for time off for study or training. 8.2. Where a time off for study or training request is accepted (in full), a member of staff will be informed, in writing, by their line manager. The formal outcome letter will state: the subject of study or training; where and when it will take place; who will provide or supervise it; the name of the qualification it will lead to (if any); whether the training time will be paid or unpaid; details of time off and any flexible working arrangements; how the costs of the training will be met. Page 5 of 10
8.3. Where a time off for study or training request is accepted (in part), a member of staff will be informed, in writing, by their line manager. The formal outcome letter will outline the part(s) of the request that have been accepted listing the acceptance details above; the part(s) that have been declined and the reasons for it; and details of the right to appeal. 8.4. Where a request for time off for study or training is declined in whole or part, a member of staff will be informed, in writing, by their line manager. In the letter, the line manager must state which of the reasons listed below applies to the request and why. The key facts about why this reason applies should be fully explained to the member of staff. He/she must also be given details of the right to appeal. 9. Reasons for declining a request 9.1. In line with legislation, a line manager can reject a request for time off for study or training for one or more of the following reasons (only): the study or training would not improve the individual s effectiveness at work; the study or training would not improve the University s performance; costs; it would cause a detrimental (negative) effect on the ability to meet customer demand; the individual s work cannot be re-organised among existing staff; additional staff cannot be recruited; it would cause a detrimental impact on the University's performance and/or quality; there is insufficient work during the periods when the member of staff proposes to work; it conflicts with planned structural changes. 10. Right of Appeal 10.1. A member of staff has the right to appeal against the University s decision to decline their request for time off for study or training, in full or in part, which could include any of the following grounds: failure to follow the Employee Study and Training Policy or Procedure; new information; relevant information which was not taken into account. 10.2. A letter stating the grounds of the appeal must be submitted, in writing, to the Director of Human Resources, within 14 calendar days of the date of the written confirmation of the decision. 10.3. Appeal hearings will be held within 14 calendar days of receipt of the appeal letter. Page 6 of 10
10.4. Appeal hearings will be chaired by a manager who is at a higher grade than the manager who made the decision to which the appeal refers. The chair will be supported by a member of HR who has not been involved in the matter previously. 10.5. If required and/or appropriate, a line manager may be accompanied to an appeal hearing by the relevant member of HR who was involved in the case prior to appeal. 10.6. At the appeal hearing, the member of staff may be accompanied by a work colleague or Trade Union representative. Where the staff companion is unavailable to attend a meeting, the employee must propose a meeting not more than 7 days later. 10.7. The outcome of the appeal hearing will be confirmed by the chair, in writing, within 14 calendar days of the appeal hearing. 10.8. The decision made by the chair of the appeal hearing is final. There is no further right of appeal. 11. Useful Resources 11.1. Staff may find it useful to familiarise themselves with the information and guidelines provided by the government on the Direct Gov Website: http://www.direct.gov.uk/en/employment/employees/timeoffandholidays/dg_183635 11.2. Help is also available from the Careers Advice Service on 0800 100 900. 11.3. In addition, staff are encouraged to discuss any questions they may have about the policy or procedure with a member of HR. The Employee Study and Training policy and procedure is not contractual and does not form part of the terms and conditions of employment. Page 7 of 10
APPENDIX 1 Employee Study and Training Procedure Roles & Responsibilities 1. Line Manager: The line manager is responsible for: 1.1. Understanding and adhering to this policy, where appropriate. 1.2. Ensuring that the process is not unreasonably or unduly delayed, ensuring that the prescribed timescales are followed, unless agreed otherwise with the member of staff. 1.3. Ensuring that they contact HR for advice if necessary. 1.4. Document any training meetings, record the outcome and upon completion, forward all documentation to HR for filing. 1.5. Ensuring that all requests for time off for study or training are considered seriously in a fair, sensitive and consistent manner. 1.6. Acknowledging formal requests for time off for study or training immediately upon receipt, sending a copy to HR (legislative requirement). 1.7. Meeting with the member of staff within 28 days of receipt of a formal request for time off for study or training (legislative requirement). 1.8. Informing the relevant head of department/college (as appropriate) of the proposed decision to either accept or reject a request for time off for study or training prior to communicating the decision to the member of staff. 1.9. Writing to the member of staff with a decision, within 14 calendar days of the meeting (legislative requirement). 1.10. Writing letters to support the process. 1.11. Attending appeal hearings, where required. 2. Member of staff The member of staff is responsible for: 2.1. Understanding this procedure. 2.2. Asking questions of their line manager, in the first instance, if he/she has any queries or issues regarding this procedure, before making a request for training. 2.3. Making a request for time off for study or training in accordance with the stated procedure and eligibility criteria. Page 8 of 10
2.4. Arranging a companion (i.e. work colleague or Trade Union representative) to attend formal meetings, if desired. 2.5. Understanding that once a request for time off for study or training has been agreed, he/she may be issued with a variation to contract which will alter his/her terms and conditions of employment for the duration of the training. 2.6. Understanding that he/she may only apply for a request for time off for study or training once within a 12 month period. This includes applications which are lodged and then are subsequently withdrawn before the end of the formal process. 2.7. Responding positively and respectfully to feedback from his/her line manager if a request for time off for study or training cannot be granted on operational grounds. 2.8. Lodging an appeal in accordance with the stated procedure. 3. Staff Companion (Trade Union Representative or Work Colleague) The role of the staff member s companion is as follows: 3.1. The companion is permitted to: attend formal meetings. address formal meetings at the outset (to put forward a case); address formal meetings at the end (to sum up a case); respond to any views expressed at formal meetings; confer with the member of staff during formal meetings; ask questions during meetings. 3.2. The companion does not have the right to: answer questions on behalf of the member of staff i.e. if a question is directed at the member of staff; address formal meetings if the member of staff does not wish it; prevent any party from explaining their case. 4. Division of Human Resources The Division of Human Resources is responsible for: 4.1. Providing advice and guidance to managers on the procedure, upon request. Advice given by HR to members to staff who are going to request/have requested time off for study or training will be limited to explaining the policy and procedure. 4.2. Providing support to the line manager during formal meetings. 4.3. Supporting the line manager throughout the process including drafting/writing letters in accordance with this procedure. Page 9 of 10
4.4. Producing contract variations where requested by line managers. 4.5. Providing support to the manager conducting appeals. 4.6. Providing support to a line manager invited to attend an appeal in a management capacity, where requested and/or as appropriate. 4.7. Collating documentation from all relevant parties involved in formal requests for time off for study or training and filing it appropriately. 4.8. Monitoring the outcome and impact of the procedure on protected staff groups, as per the University s equal opportunities obligations. Page 10 of 10