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HR and legal

time off for study and training

Under the Employment Rights Act 1996, employees who are 16 or 17 and have not reached a certain level of educational achievement must be given a reasonable amount of paid time off work to study or train for qualifications to reach that level. Employees who are 18 but began the study or training before reaching that age also qualify.

The relevant standard of achievement is defined in detail in the Right to Time off for Study or Training Regulations 2001 and the Right to Time off for Study or Training (Scotland) Regulations 1999. Broadly, the standard is:

  • five GCSEs at grades A* to C; or
  • Scottish Qualifications Authority Standard Grades at grades 1 to 3 in five subjects; or
  • one Intermediate level GNVQ; or
  • one General Scottish Vocational Qualification at level 2; or
  • one National Vocational Qualification at level 2; or
  • one Scottish Vocational Qualification at level 2.
    In deciding what time off to allow, an employer is entitled to take into account its business circumstances and the impact the employee's time off will have on the running of the business.

More details of this right are available from the Department for Children, Schools and Families.

related links

DfES: Time Off For Study and Training

 

The EEF Employment Guide is intended to provide general guidance only. It does not purport to be comprehensive or to give legal advice. Users should always seek specific legal advice before taking or refraining from any action. Information and documents on this website are prepared in accordance with the laws of England, Wales and Scotland. Users accessing from Northern Ireland should be aware that different laws and interpretations may be applicable to Northern Ireland.