How to process an application for developmental learning/qualifications

  1. Table of contents

Definition of developmental learning/qualifications

Developmental learning/qualifications can be defined as:

Any learning/qualification which, although completion may assist the employee develop personally and/or professionally, is not required to allow the employee to perform effectively in their current role.

This includes:

  • Learning/qualifications which will assist an individual to gain the knowledge, skills or attitude required of a role other than their current role.

  • Learning/qualifications which allows an individual to develop personally and/or professionally and, although it may improve their performance in the current role, it is not required to allow them to perform the current role to the required standard.

Manager considerations

The amount of financial support offered to individuals for Developmental learning/ qualifications is at the discretion of the Line Manager. The Line Manager, when determining this, will consider the business case for the learning including:

  • The amount of budget available
  • The business benefit of the learning
  • The motivations of the individual applying for the learning
  • Associated recruitment and retention issues

Line Managers will ensure that the employee is advised whether the learning/ training is classed as "Approved" or "Developmental" before the learning/training commences and will ensure fairness and equality of opportunity in making these decisions.

The amount of time off to attend training offered to individuals for developmental learning/qualifications is also at the discretion of the Line Manager, subject to the following:

The Employee Rights Act 1996, section 63D provides that, from April 2010, employees have the right to request "time to train". Employees can make requests for time to undertake any training which they believe will improve both their effectiveness at work and team/division/service performance. There is no limit on the amount of time, study or training that an employee can request, however employees do not have the right to be paid for the time spent training when requests of this nature are made.

Manager actions

Where an employee has made a request for developmental learning/qualifications outwith the Employee Rights Act 1996, section 63D, the amount of time off and financial support offered to individuals is at the discretion of the Line Manager, as stated above.

Where an employee has made a request for time off for training for developmental learning/qualifications under the Employee Rights Act 1996, section 63D, the following applies:

Managers are only required under the act, to consider one request from an employee in any 12 month period unless the employee has requested that they ignore an earlier request. Within 28 days of receiving a valid request the manager must either:

  • accept the request on the basis of the information set out in the individual's written request and inform the employee of the decision in writing
  • meet with the employee to discuss their request - then within 14 days of that meeting, inform the employee of their decision in writing

If the manager who would normally deal with training requests 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 manager comes back to work. This automatic extension can last no longer than 28 days.

The timescales for holding meetings and issuing notices of decisions on applications and appeals can be extended by agreement with the individual who has made the request. Such an agreement must be recorded in writing and a copy given to the employee.

The record of agreement to extend these timescales must:

  • specify what period the extension relates to
  • specify the date on which the extension is to end
  • be dated

The manager can only refuse an employee's request for time to train for one of the following business reasons:

  • the proposed study or training would not improve the employee's effectiveness at work
  • the proposed study or training would not improve team/division/service performance
  • the additional financial costs of allowing the employee time off
  • agreeing to the request would have a detrimental effect on the ability to meet customer demand
  • the manager would be unable to reorganise work among existing staff
  • the manager would be unable to recruit additional staff to cover
  • agreeing to the request would have a detrimental impact on quality
  • agreeing to the request would have a detrimental impact on performance
  • there would be an insufficiency of work during the periods the employee proposes to work
  • there are planned structural changes during the proposed study or training period

Further guidance on application of the legislation is available from Human Resources.

In respect of Elected Members, they will have access to developmental learning/qualifications approved by the Executive (and any similar successor body) following submission of a relevant business case.

Downloads

Employee request for training
DOCX file, 14.6 KB
Sample letter - Approved support for funding
DOCX file, 27.9 KB
Sample letter - Unapproved support for funding
DOCX file, 31.7 KB