Right to request time off for training
Procedure
1. Making an application for time off for training
1.1 Employees who wish to request time off for training under this Policy should give considerable thought to an application as only one application can be considered in a 12 month period.
1.2 Employees intending to make a request for time off for training should discuss this in the first instance with their line manager.
1.3 An application for time off for training must be in writing and:
- detail the subject matter of the proposed study or training, where and when it would take place, the training provider, what qualifications it would lead to (if any) and, critically, how it would improve their performance or that of the University;
- state that the application is being made under the statutory right to request time off for training;
- include details of the extent of any time commitment and cost.
1.4 A completed application form TFT1 must be completed to make a request and sent to the member of staff’s line manager for consideration.
1.5 The application should be submitted at least eight weeks in advance of the date you wish your request to take effect in order to give the University appropriate time to consider your request. However, applicants should take into account that, where the line manager is absent from work, or where insufficient information has been provided by the member of staff, this time period may be longer.
2. Considering an application
2.1 When considering a request for time off for training line managers and HoDs will evaluate the potential benefits of the proposal to the Department, the section and/or employee. However where difficulties are foreseen and a refusal is considered then it must be on one of the following grounds:
- The proposed study or training to which the application, or the part in question, relates would not improve the member of staff’s effectiveness in the Department or the performance of the University;
- Burden of additional costs to cover work whilst the member of staff is absent
- Unable to reorganise work amongst existing staff
- Unable to recruit additional staff
- Detrimental impact on quality
- Detrimental impact on performance
- Planned structural changes
- Insufficient work during the periods the member of staff proposes to work
- Have a detrimental effect on the ability to meet customer demand.
2.2 On receiving the request the line manager should provide the member of staff with a written acknowledgement of receipt of the application within 7 days and will give due consideration to the request. S/he will complete the TFT1 form before passing promptly to the HoD for a decision.
2.3 Where an application is incomplete and the member of staff has not supplied all the required information, the line manager should inform the individual about what has been omitted and ask them to re-submit the application when complete. If the member of staff unreasonably refuses to provide the requested information, then the line manager can treat the application as withdrawn.
2.4 The HoD will give the request due consideration, taking into account the comments of both employee and line manager. The HoD may wish to take advice from their HR Manager or Director of POD.
2.5 Where the HoD feels s/he can agree to the request without difficulty s/he will ask the employee and line manager to agree arrangements and then complete the response section of TFT1. S/he will return a copy to the employee as soon as possible and certainly within 28 days from the receipt of the original application. A copy should also be sent to HR Services at hr-enquiries@york.ac.uk.
2.6 Where the HoD feels there may be difficulties in agreeing to the request they should arrange to meet with the line manager and requesting employee, who may be accompanied by a work colleague or trades union representative if required. The meeting should take place within 28 days of receipt of the request. The meeting allows both parties to discuss the requested training and to consider how it might be accommodated. Where the original request cannot be accommodated, the meeting allows the opportunity to explore alternative training options, which may be acceptable to both parties.
2.7 A response to the employee must be given within 28 days of the TFT1 form being submitted, unless the manager who normally considers the request is either on annual leave or sick leave. In that case the response must be given within 28 days of receipt of the request.
2.8 Where an employee fails to attend the meeting without notification, the manager will contact the employee to ascertain the reasons for non-attendance. The meeting will then be rearranged to a mutually acceptable date. Where an employee fails to attend more than one meeting without reasonable explanation, the application for time off for training will be treated as withdrawn. The manager will advise the employee of this in writing within 7 days.
2.9 All application will be considered on their merits, taking into account the needs of the service and the benefits to the employee. Within 14 days of the meeting the HoD will write to the employee to either agree to the request and give details of arrangements or to refuse the request and specify the reason for the refusal.
2.10 When a member of staff has requested more than one type of training at once and a decision has been made to agree to part of the application and refuse another part, the letter from the HoD must make it clear which part of the application has been agreed to and which part has been refused.
2.11 If the request is not granted the letter will include details of the appeal process in either a case a copy of the letter and completed form TFT1 should be sent to HR Services at hr-enquiries@york.ac.uk
2.12 The timescales in the procedure may be extended by agreement, for example where annual leave occurs, or where the person chosen to accompany the employee is not available, or to enable the University to investigate further before notifying the member of staff of the final decision. However, a decision will not be unduly delayed.
3. Appeals procedure
3.1 The employee may submit an appeal to the Director of Human Resources if they believe that their request for time off for training:
- has not been considered using the correct procedure or
- has been refused for reasons other than those in section 2.1 above or
- has been refused on incorrect facts
3.2 An appeal should be in writing, should be submitted within 14 days of the date the letter detailing the outcome of the requests (see section 2.11) and should give the grounds for appeal.
3.3 The Director of Human Resources will arrange for an appropriate manager (not previously involved in the case) to convene a meeting of interested parties within 14 days of the date of receipt of the letter requesting an appeal in order to review the case. The member of staff may be accompanied by a work colleague or Trades Union representative.
3.4 The designated manager will provide the employee with written notification of the outcome of the appeal within 14 days. The letter will be dated and will include the reasons for the decision in the event of a refusal, or an implementation date where the appeal is successful.
3.5 The appeal decision is final. A further time off for training request may not be made within 12 months of the date of the appeal, or, where no appeal was submitted of the date of the decision letter (see section 2.12).
3.6 The timescales in the appeal procedure may be extended by written agreement, for example where annual leave occurs, or where the person chosen to accompany the employee is not available, or to enable the University to investigate further before notifying the member of staff of the final decision. However, a decision will not be unduly delayed. Extensions and the relevant dates should be recorded in writing and sent to the employee.
4. Withdrawal of an application
4.1 An employee may withdraw an application for time off for training at any time during the process up to the point that written approval has been given and a start date notified to them. The intention to withdraw the application may be notified to the line manager orally or in writing and will be confirmed by the line manager.
4.2 A line manager may consider an application to have been withdrawn if the employee without good cause:-
- Fails to provide them with information that has been appropriately requested.
- Fails to attend two meetings that have been appropriately arranged to discuss the request.
In these circumstances the line manager should write to the employee confirming that the application has been considered to be withdrawn.
4.3 In the event of the withdrawal of an application the member if staff may not apply again within a twelve month period.