Time Off for Study or Training

Welcome to this site, which was last updated in Nov 2004.

This site provides general information about Time Off for Study and Training for employers and all people who need to know about the legislation and regulations.

Key messages for young people on Connexions can be found at www.connexions-direct.com under Work/Work Scheme .

For employer, Business Link provides a single point of contact and access to a wide range of information and advice for businesses large and small. You can find your local office at www.businesslink.gov.uk/bdotg/action/home or contact the national signpost line on 0845 600 9006..

There is also a frequently asked question section here to help you.

Summary

On 1 September 1999, employees who are aged 16 or 17; not in full-time education; and not qualified to level 2 – as defined by the regulations – have the right to paid time off work to study or train for approved qualifications.

Certain employees aged 18 also have the right to complete study or training already begun. The legislation, part of the wider Connexions strategy, aims to help these young employees get the skills and qualifications they need, and to help businesses to be more competitive.

This site provides information about:-

The bigger picture
The legislation
The regulations
The phrase "time off for study or training"
Revised Regulations
The Regulatory Appraisal
Frequently asked questions

The bigger picture

The Government wants all young people to have the best possible start to their working lives - as an integral part of the move towards creating a society that is both inclusive and economically successful.

If we are to become a learning society, we need to foster the learning habit for life. And so the Government wants to see as many young people as possible stay on in education and training including those who are already in jobs.

It also wants all employers to emulate the performance of the best, and to commit themselves to the development of their young employees. If they do so, we will be able to create a highly-skilled, modern workforce in which everyone has had an equal chance to succeed. Our future economic prosperity depends on it.

The Right to Time Off for Study or Training is designed to help those 16-17 year olds who got few, if any, qualifications whilst at school, and are now employed in jobs that offer little or no training. It will help equip these young people for a changing world. It will offer an opportunity for them to get the skills and nationally-recognised qualifications they will need for the future - a solid platform for lifelong learning.

The legislation was a 1997 manifesto commitment and is a key element of the Connexions strategy.

The legislation

The Right to Time Off for Study or Training is Part III of the Teaching and Higher Education Act 1998. (The link will take you to the Act as a whole; the relevant sections are 32 and 33 and Schedule 3, Paragraphs 10-14). That legislation amends the Employment Rights Act 1996, inserting new Sections 63A and 63B covering the Right to Time Off for Study or Training alongside other employment rights to time off.

The following is a general outline only, and should not be regarded as a complete or authoritative statement of the law.

Employees aged 16 or 17, who are not in full-time secondary or further education and who have not achieved a certain standard in their education/training, will be entitled to reasonable paid time off during normal working hours to study or train for a qualification which will help them towards achieving that standard, and improve their future employment prospects.

The primary focus of the legislation is on 16 and 17 year olds. But an employee who is aged 18 and who is undertaking study or training leading to a relevant qualification, which he or she began before attaining that age, has the same right as a 16 or 17 year old to time off to study or train for a relevant qualification. The purpose of this is to enable the employee to complete the study or training already begun.

The 'standard of achievement', which determines both eligibility for the right and that which the young person should seek to attain, is set out in the regulations. It is, in essence, "Level 2" (i.e. 5 GCSEs at grades A*-C, an NVQ level 2, an Intermediate GNVQ, or the specified equivalents). The regulations also set out the qualification authenticating or awarding bodies, whose qualifications the young employees will be able to study or train for.

"Time off for study or training"

This is a phrase which is necessary so that young employees can exercise their right. The way in which the learning takes place is not prescribed, and the "time off" is from normal fully productive work. The phrase does not necessarily mean time away from the workplace.

Study or training can be undertaken in the workplace, on the job or elsewhere on site; or it could take place in a college, with an approved training provider, or through open or distance learning, or elsewhere. And the time that a young person can have will be what is reasonable in all the circumstances, taking into account the requirements of the course or training as well as the circumstances of the employer's business, and the effect of the 'time off' on the running of that business.

Employees will be entitled to receive payment for their time off at the appropriate hourly rate. Where an employer unreasonably refuses to permit time off, or fails to pay the employee that to which they are entitled, an employee can present a complaint to an employment tribunal.

Revised Regulations

There are more Apprenticeship (formally Foundation Modern Apprenticeships)available now then ever before, and Advanced Apprenticeships (Formally Advanced Modern Apprenticeship) are now well established. The new web link  for information on what Apprenticeships are  available is : www.apprenticeships.org.uk

The Connexions website www.connexions-direct.com can provide young people with more information about the learning choices available to them.

The Regulatory Appraisal

This was made available in November 1997, when the then Teaching and Higher Education Bill was published. It incorporated an assessment of the costs to Government, and a compliance cost assessment of the costs to business. It also confirmed that the Government would contribute towards the education/training costs. It still provides a helpful overview; to see a copy click here.

Frequently Asked Questions

Please click here to see the current version.

Further information

This site will be updated periodically. For further general information, please contact your local LSC or Careers Service and you can also contact the Department for Education and Skills, , Apprenticeship Strategic Delivery Unit, Room E3a, Moorfoot, Sheffield S1 4PQ (tel: 0114 259 3854 or 0114 259 4892).

Investing in Young People : Time for Study or Training

Frequently Asked Questions

General

Q1: Why has the Government legislated?

A: It is a commitment from the 1997 election manifesto. The Government wants all young people to stay on in learning, including those already in jobs; and especially those who left school or college with few, if any, qualifications. All young employees need to be equipped with the skills and qualifications they will need both now and for the future. The legislation was Part III of the Teaching and Higher Education Act 1998 (Right to Time Off for Study or Training). The regulations for England and Wales were laid before Parliament on 31 March 1999, and come into force on 1 September 1999.

Q2: Surely young employees are more interested in wages than training?

A: Not necessarily. Earning and learning has always been an attractive option. Young employees are not required by law to take up opportunities for training or study. But all young people should be encouraged to realise their potential, including those in work. And research suggests that many young people in jobs without training have not rejected training completely. With support and guidance, they can be encouraged to ask how they can best improve their skills and qualifications.

Q3: What does 'time off' mean? Does it mean going to college?

A: The phrase "time off" is one which is necessary to enable young employees to access their new right. But it does not necessarily mean time away from the work place. Study or training can be undertaken in the work place (on the job or elsewhere on site) or in a college; with an approved training provider; or through open or distance learning; or elsewhere. The use of modern technology means, that increasingly some training can be delivered away from a central site. And there are projects around the country which have been set up in the last year or so to use this technology to deliver training in the work place, even for relatively small employers.

Q4: How much paid time off a week would be reasonable?

A: The amount of paid time off which an employee is to be permitted to take is that which is reasonable in all the circumstances, having regard to the requirements of the study or training; the circumstances of the business of the employer; and the effect of the employee's time off on the running of the business.

Q5: But surely there must be some general guidelines?

A: It all depends on what is reasonable, and that can only be determined by reference to the particular facts of a particular case. But during the passage of the legislation through Parliament, Ministers indicated that the overall yardstick they had in mind was of the order of one day a week. The Regulatory Appraisal, agreed by Ministers and published in November 1997 alongside the legislation, also provided a guideline. It set out an estimate of the costs on the basis of an estimated average of one day a week or equivalent away from normal productive employment, for 30-50 weeks a year (where the former is the lower end of the range of the number of weeks in the academic year).

Qualifications

Q6: Why has the standard of achievement been set at Level 2?

A: The actual detail of the standard of achievement is set out in the regulations. But the Government believes that Level 2 is the basic minimum for sustainable employability now and into the 21st century. It is the foundation for career progression and lifelong learning.

Q7: Why aren't more vocational qualifications included?

A: The standard already includes all Intermediate GNVQs , NVQs/SVQs at Level 2, and Edexcel (BTEC) First Certificates and Diplomas, giving an overall total of over 600 qualifications. Other vocational qualifications will be considered for inclusion where they have been accredited by the Qualifications and Curriculum Authority and have been given a level within the national framework. This will ensure that quality and standards are maintained. The standard of achievement will be reviewed regularly.

Q8: How do I know which NVQ2s are available?

A: Details of the NVQs available can be found at the DfES website: www.dfes.gov.uk/section96 The QCA also have a National Qualifications database which can be accessed at : www.qca.org.uk/products/2796.html

Q9: How do I know which Edexcel BTEC First Certificates and Diplomas are available?

A: For information about Edexcel qualifications please contact Edexcel BTEC, Stewart House, 32 Russell Square, London WC1B 5DN Tel: , 0870 240 9800. Their website is at http://www.edexcel.org.uk and they can be e-mailed at enquiries@edexcel.org.uk

Q10: How can I find out more about City and Guilds qualifications?

A: The City and Guilds of London Institute head office is at 1 Giltspur St London EC1A 9DD telephone 020 7294 2800 . Their website is at www.city-and-guilds.co.uk and they can be e-mailed at enquiries@city-and-guilds.co.uk

Q11: Why are so few NVQ Awarding Bodies listed?

A: The list includes NVQ Awarding Bodies offering NVQ2 and below which is in the regulations. Where these bodies are in joint or partnership arrangements, only the principal partner has been shown. The latest details on which NVQs are awarded by which bodies are set out in www.dfes.gov.uk/section96 .You can also find a list of NVQ Awarding Bodies on the QCA web site www.openquals.org.uk or by contacting QCA Customer Relations, 83 Piccadilly, London, W1J 8QA. Tel 0207 509 5556 or by email at: info@qca.org.uk

Q12: Why are there so few Awarding bodies overall?

A: The awarding bodies specified in the Regulations offer between them a very wide range of qualifications. It is not proposed at this stage to include other vocational qualification awarding bodies. Other vocational awarding bodies will be considered for specification as and when their vocational qualifications are admitted by the QCA to the national framework either as meeting the standard of achievement, or clearly contributing towards it.

Q13: Where do I get more general advice about particular sectors of industry or commerce and occupational groups?

A: From the Sector Skills Councils (SSC). To find out which SSC you need for your industry please contact the: Sector Skills Development Agency. Tel. 01709 765444, at their website: www.ssda.org.uk or by e-mail enquiries: info@ssda.org.uk

Q14: Does a young employee have the right to take an A Level?

A: No. The focus of this legislation is on those young employees who left school with few if any qualifications. If a young person has already achieved a pass at GCE A*, A or AS level they are deemed to have already met the standard of achievement. The details are set out in the regulations. The employer and the employee could of course agree on a voluntary basis that an A level would be an appropriate choice.

Q15: What if the young employee already has several but fewer than 5 GCSEs A*-C?

A: The young employee cannot be forced to take, for example, 1 extra GCSE where they already have 4 at grades A*-C. It may not be reasonable. Instead it may be more appropriate to try for an NVQ Level 2 for example.

Q16: What if the young employee cannot get to Level 2 in one go?

A: Ministers have said they want young people to aim as high as they can, but the law allows for young employees to progress towards the standard of achievement in small steps if they need to. The qualification has to "contribute" to the attainment of the standard. This means that the first course of study or training taken by the young employee could, if necessary, be at Level 1 or below, with the aim of moving on to Level 2 in due course.

Q17: Why isn't 'in house' training recognised?

A: The purpose of the legislation is to ensure that young employees have the opportunity to gain a recognised qualification. It is essential therefore that the young person's qualification, whether gained in the work place or elsewhere, can be accredited through national qualifications which are recognised, transferable, and provide opportunities for progression.

Q18: But surely some companies offer excellent in house qualifications?

A: Yes, and they are ideal where they can be linked to the award of nationally recognised qualifications. For young people who left school with few or no qualification can find getting nationally recognised qualifications motivating. QCA are working towards a new Framework for Achievement.  In building this Framework QCA plan to consider the possibility for inclusion of employer based training programmes that are capable of meeting the necessary quality criteria for that Framework.

Q19: What happens if a young employee cannot complete their training or study before they reach 18?

A: The primary focus of the legislation is on 16 and 17 year olds. But an employee who is aged 18 and who is undertaking study or training leading to a relevant qualification, which he began before attaining that age, has the same right as a 16 or 17 year old to time off to study or train for a relevant qualification. The purpose of this is to enable the employee to complete the study or training already begun.

Q20: Will there be extra help for young employees with disabilities?

A: There will be adequate support provided through the Learning and Skills Council to enable young employees with disabilities to exercise their right and take up appropriate study or training opportunities. As employees, they will also be eligible for help under the Access to Work programme delivered by the local Jobcentre Plus . www.jobcentreplus.gov.uk/cms.asp?Page=/Home/Customers/HelpForDisabledPeople/AccesstoWork

Q21: What happens if a young employee moves from Scotland to England with Scottish qualifications or vice versa?

A: Qualifications gained in Scotland are recognised in England and Wales and vice versa. A young employee who has reached the standard of achievement in Scotland will not have the right to further study or training in England and Wales.

Employers

Q22: Why is there no exemption for small firms?

A: Many young people work for small firms. And many small firms do already train their young employees. It would not be fair to exclude a large number of young employees because of where they work, and it would put an extra burden on those good small firms that do already train. All young employees need to have the chance to develop, and to get the skills and qualifications they need.

Q23: Why is there no qualifying period of employment?

A: The young employees eligible for this right will have left school with very little. It is essential therefore that no time is lost in encouraging them back into learning.

Q24: Is this not just another burden on small businesses?

A: No. Many small firms already do train their young employees. Many Modern Apprentices for example work for firms with less than 25 employees. There are benefits to small firms in terms of the higher skill levels and adaptability of their young employees, which in turn can contribute to business performance. There will also be a greater pool of skilled workers which small and other firms can recruit from in the future.

Q25: Why should small business have to pick up the pieces for the failure of the education system?

A: The Government is committed to raising standards in schools. Ambitious targets have been set to raise attainment, backed up by a number of specific initiatives to help schools to do this. But those young employees who were failed by the previous system deserve a second chance. They were good enough to be employed, so they are good enough to be trained, and get skills and qualifications. Small businesses do not necessarily have to carry the full responsibility for training their young employees. Training providers, LSC, colleges, or even another employer can help. And the government will contribute to the costs of the study/training.

Q26: What financial support is the Government providing for employers?

A: The Government will contribute towards the cost of the young employee's study or training.

Q27: What happens if the young employee does not attend the training or study?

A: An employee is expected to behave responsibly. If they do not co-operate with what has been agreed, by for example not attending a college or other training establishment whilst still receiving wages, they may be liable to disciplinary procedures or other action taken in respect of their unauthorised absence. The time off is paid time off.

Q28: What happens if a young employee changes jobs during a period of training?

A: There is no qualifying period of employment for this right. Therefore the young employee will take their right to study or train with them to the new employment. However, to continue with exactly the same study or training may, or may not, be reasonable in all the circumstances of the new job.

Local Delivery Arrangements

Q29: What will happen at the local level? How will provision be delivered locally?

A: The Learning and Skills Council (LSC) are responsible for all post-16 education and training other than in universities . The Council works with partners, employers, learning providers, community groups and individuals to develop and implement strategies that meet the Government's aims set out in the 'Learning to Succeed' White Paper. The LSC have 47 local LSC's across England. You can find your local council at the LSC website www.lsc.gov.uk under local view.

Q30: What will be the role of the Connexions Service?

A: Connexions Services will be a key source of advice and guidance for both young employees and their employers. They will raise awareness of Right to Time off for Study and Training in their area, offer information on the qualifications and learning opportunities available, and work closely with local partners to ensure that as many young employees as possible are re-engaged in learning. You can find more at the Connexions website www.connexions-direct.com

Disputes

Q31: What happens if there is a dispute between the employer and their employee about what is reasonable?

A: It should not have to come to that. Employers should have arrangements in place for investing in the development of their workforce, and reaching mutually agreed and understood arrangements. However, where there is a dispute, attempts can be made to resolve it by informal discussion between the parties, or with assistance from third parties. This may involve the Learning and Skills council, Connexions Service, other advice agencies, or ACAS.

Q32: How will the legislation be enforced?

A: The employee may present a complaint to an Employment Tribunal. The tribunal will send a copy of the complaint to ACAS for a conciliation officer to try and help resolve the complaint without the need for a tribunal hearing.

Q33: What advice and support will be available for young people if a case goes to a tribunal?

A: Young employees can find out about the help and advise available from Community Legal Service Direct. They provide free information, direct to the public on a range of common legal issues via a national helpline (0845 345 4 345) and a website ( www.clsdirect.org.uk ).

However, legal aid is not available for representation at an Employment Tribunal. Advice and other help may be available locally from Citizens Advice Bureaux, Law Centres, trade unions or other local agencies.

More Information

Q34: Where can employers and young people get more information?

A: Your local Learning and Skills Council (LSC) will be able to give you more information on the qualifications and learning opportunities available locally , LSC Helpline on 0870 900 6800 ,  or at their website www.lsc.gov.uk or  you could email info@lsc.gov.uk

1 st November 2004