Not in general. UK law gives most adult employees no automatic right to time off for training, paid or unpaid, so study leave usually depends on the contract, a workplace policy or what the employer agrees. But several specific rights exist, and they are often missed. Apprentices must get their off-the-job training in paid working hours. Union learning representatives and safety representatives get paid time off to train. Some 16 and 17-year-olds in Wales and Scotland can take paid time off to study. And employees of organisations with 250 or more staff can formally request time to train once they have worked there for 26 weeks.
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General information, not legal advice — check with Acas or an employment adviser. The rights below apply in Great Britain unless we say otherwise. Northern Ireland has its own employment law, and Scotland and Wales run their own apprenticeship schemes.
Do employees have a legal right to time off for training?
For most adults, no. There is no general statutory right to time off to study, sit exams or attend a course, and no general right to be paid for that time. Even under the formal request procedure described below, GOV.UK’s guide to training and study at work says time off “is usually unpaid unless the employer agrees to pay it”.
What the law does provide is a patchwork of narrower rights, each tied to a particular group, set out in the table below. Training the employer requires is a separate question. Health and safety and fire safety training the law requires must take place during working hours, as our guide to rolling out compliance training to a team explains. This guide covers the rights people can claim for training they want to do, and what employers should put in writing.
Who has a legal right to time off for training?
The statutory rights in Great Britain on 19 October 2026. “Paid” means the law requires the time off to be paid, not that the employer must pay course fees.
| Who | Right | Paid? | Law |
|---|---|---|---|
| Apprentices in England | Off-the-job training in normal working hours | Yes | Apprenticeship funding rules 2026 to 2027 |
| Employees aged 16 or 17 in Wales or Scotland without a level 2 standard qualification | Reasonable time off to study for a relevant qualification | Yes | Employment Rights Act 1996, ss.63A to 63C |
| Employees aged 16 or 17 in England | None under s.63A; the employer duty to release them was never brought into force | Only if agreed | Education and Skills Act 2008, Part 1 |
| Employees with 26 weeks’ service where at least 250 people work | Right to request time to train, once a year | No, unless agreed | Employment Rights Act 1996, ss.63D to 63K |
| Officials of a recognised independent union | Time off for duties and approved training | Yes | TULRCA 1992, ss.168 and 169 |
| Union learning representatives | Time off for the role and training for it | Yes | TULRCA 1992, ss.168A and 169 |
| Members of a recognised union | Time off to use a learning representative’s services | Not required | TULRCA 1992, s.170 |
| Union-appointed safety representatives | Time off for their functions and reasonable training | Yes | 1977 Safety Representatives Regulations, reg 4(2) |
| Elected representatives of employee safety | Reasonable training, costs paid | Yes | 1996 Consultation Regulations, reg 7 |
| All employees, from day one | Flexible working request to make room for study | Depends on what is agreed | Employment Rights Act 1996, s.80F |
| Everyone else | No statutory right | Only if agreed | Contract or policy |
Separately, training an employer requires counts as working time for minimum wage purposes, whoever the worker is.
What is the right to request time to train?
Sections 63D to 63K of the Employment Rights Act 1996 let a qualifying employee apply for time to study or train. Under section 63D, the aim must be to improve both “the employee’s effectiveness in the employer’s business” and “the performance of the employer’s business”. The training need not lead to a qualification.
The right started on 6 April 2010, but only for employers with 250 or more employees. The commencement order excluded “small employers”, and the extension to them was never brought into force. GOV.UK confirms that to ask, staff must be an employee, have worked for the employer for at least 26 weeks, want training that will help them do their job better, and work in an organisation where at least 250 people work. Agency workers, the armed forces and young people covered by the separate rules for 16 and 17-year-olds cannot use it.
The request. GOV.UK says the employee should write to the employer, say the request is made “under Section 63D of the Employment Rights Act 1996”, and give the date, the subject, where and when the training would happen, who would provide it, any qualification, how it would help them and the business, and any earlier request. An employer does not have to consider an incomplete request, and only one request can be made a year.
The response. The employer has 28 days to accept or hold a meeting, then 14 days after the meeting to decide, unless the employee agrees in writing to more time. The employee can bring a colleague or union representative. After a refusal, the employee has 14 days to appeal in writing, the employer has 14 days to hold an appeal meeting, and 14 days after that to give a written decision.
Refusal. Section 63F allows refusal only on listed grounds: no benefit to the employee’s effectiveness or the business, extra costs, harm to meeting customer demand, inability to reorganise work or recruit, harm to quality or performance, not enough work when the employee proposes to work, or planned structural changes.
Pay and remedies. The employer does not have to pay for the training or the time off. A tribunal can only consider whether the procedure was followed or a refusal was based on incorrect facts. It can order a rethink and award up to 8 weeks’ pay. GOV.UK says claims must usually be made within 6 months of the appeal decision, or possibly 3 months if that decision was before 1 October 2026.
If you employ fewer than 250 people, none of this binds you, but it is a sensible model for handling any request for study time fairly.
Do 16 and 17-year-olds have a right to paid time off to study?
In Wales and Scotland, often yes. Section 63A gives an employee aged 16 or 17 who is not in full-time education, and has not reached a prescribed standard, the right to time off in working hours to study for a “relevant qualification”. The standard, set by 1999 regulations, is broadly five GCSEs at grades A* to C or an equivalent level 2 qualification. An 18-year-old who started the course before turning 18 keeps the right. The time off must be “reasonable in all the circumstances”, and section 63B says it is paid at the employee’s normal hourly rate.
England is different. Since 28 June 2013, section 63A has not applied to anyone covered by Part 1 of the Education and Skills Act 2008: people living in England who are over compulsory school age, under 18 and without a level 3 qualification. The section’s heading now reads “in Wales or Scotland”. Instead, the young person carries the duty. GOV.UK says they must stay in full-time education, start an apprenticeship, or spend 20 hours or more a week working or volunteering while in part-time education or training. The matching employer duty to let them take part, in section 27 of the 2008 Act, has never been brought into force.
So employers in England have no statutory duty to release a 16 or 17-year-old for college, but agreeing a pattern that lets them meet their own duty is good practice. Our guide to young workers’ health and safety covers their hours, breaks and supervision.
Do apprentices get paid time off for training?
Yes. GOV.UK’s guide to employing an apprentice says the employer must make sure the apprentice “gets time off during their working week for apprenticeship training”. In England, the apprenticeship funding rules for August 2026 to July 2027 call off-the-job training “a statutory requirement for an English apprenticeship”, delivered “during the apprentice’s normal working hours”, meaning “the hours for which the apprentice would normally be paid, excluding overtime”.
- Minimum hours. For starts from 1 August 2025, the old rule of at least 20% of normal working hours was replaced by a minimum number of hours published on each apprenticeship standard. No programme can fall below 187 hours, and the minimum duration is 8 months.
- Outside normal hours. If training has to happen outside normal hours by exception, the apprentice must agree and be compensated, for example with time off in lieu or extra pay.
- In writing. The training plan must include the employer’s written confirmation that the apprentice can train in normal working hours, including any English and maths they need on top.
- No homework by default. The government’s off-the-job training guidance says there must be “no expectation that the apprentice will undertake any training in their own time”.
For funding in England, including the government’s share of training costs and apprenticeship units, see our guide to training staff on a budget.
Do union reps and safety reps get paid time off for training?
Yes, where the conditions are met. The union rights apply only where the employer recognises an independent trade union.
- Union officials, such as shop stewards, get reasonable time off for their duties and for relevant industrial relations training “approved by the Trades Union Congress or by the independent trade union” (section 168). Section 169 says that time must be paid.
- Union learning representatives get paid time off to analyse members’ learning needs, advise, arrange and promote learning, and train for the role (section 168A), once the union has notified the employer in writing and they are trained or due to train.
- Union members get time off to use a learning representative’s services (section 170), but the law does not require it to be paid.
GOV.UK’s guide to the rights of trade union reps says there is no legal definition of reasonable time off; workloads, the kind of business and time already taken all count. Acas says it will update its Code of Practice on time off for trade union duties for law changes happening on 30 October 2026, providing Parliament approves them. The Employment Rights Act 2025 also creates union equality representatives, but when we checked, those provisions were in force only so that Acas could prepare its Code.
Safety representatives. Regulation 4(2) of the Safety Representatives and Safety Committees Regulations 1977 requires “such time off with pay during the employee’s working hours as shall be necessary” for union-appointed safety representatives’ functions and reasonable training. Where employees elect representatives of employee safety instead, regulation 7 of the 1996 Consultation Regulations requires reasonable training, paid time off, and the employer to meet “any reasonable costs associated with such training including travel and subsistence costs”. HSE’s guidance L146 covers both.
Is time spent training paid?
If the employer requires the training, yes, at least at minimum wage level. Regulation 33 of the National Minimum Wage Regulations 2015 treats hours spent training, when the worker would otherwise be working, as working time. HMRC’s minimum wage manual says time spent on “training required by the employer is treated as working time”, and that arguing required training outside normal hours falls outside the work arrangement “is a mistake”. GOV.UK’s minimum wage guidance excludes, for salaried staff, only training “not required by the employer” that falls outside their usual working time. Recovering course fees when someone leaves is a separate question, covered in our guide to whether an employer can make you pay back training costs.
Can a flexible working request help you fit in study?
Often, yes. Since 6 April 2024, every employee can make a statutory flexible working request from their first day. GOV.UK’s guide to flexible working says employees can ask to change their hours, start and finish times, working days or place of work, and can make 2 applications in any 12 months. The employer must handle requests “in a reasonable manner”, discuss a request before refusing it, decide within 2 months unless the employee agrees to longer, and needs a business reason to say no.
Compressed hours, a later start on college days or fewer hours for the length of a course can all make room for study. An agreed change usually alters the contract, so say if you only want it while studying; Acas notes short-term changes can also be agreed informally. Acas lists turning down someone’s training requests without good reason as an example of detriment employees are protected from after a flexible working request.
Is study leave or exam leave a legal right?
No. Outside the specific rights above, study leave, exam leave and paid CPD time exist only if the contract, a workplace policy or an agreement provides them. Employers must be clear, though: section 1(4) of the Employment Rights Act 1996 requires the written statement of employment particulars to set out “any training entitlement provided by the employer”, any part of it the employer requires, and any other required training the employer will not pay for.
Regulator CPD is generally the individual professional’s responsibility, and our guide to CPD hours by profession sets out what each regulator expects. Protected learning time or a CPD budget is a benefit, not a legal duty, unless a contract says otherwise. But if the employer makes particular CPD a requirement of the job, that time is working time under the minimum wage rules.
Whatever you offer, offer it fairly. Section 39 of the Equality Act 2010 bars discrimination in the way an employer gives access to training.
How should employers set a fair training time policy?
- Separate required from optional training. Required training, including legally required health and safety training, happens in paid working time at no cost to staff.
- List the statutory rights that apply to you: apprentices, union and safety representatives, young people in Wales and Scotland and, at 250 or more staff, section 63D requests.
- Decide what study leave you offer, such as days for exams or time for approved courses, and whether it is paid.
- Say how to ask and when you will reply. The section 63D timetable (28 days, a meeting, a decision within 14 days, an appeal) suits any size of business.
- Give business reasons for refusals and offer alternatives, such as a later start date or a flexible working pattern.
- Apply it consistently and record each request and decision.
- Put funding and any repayment terms in writing before the course starts.
- Plan cover using the rota, quieter periods and short online courses that fit inside a shift.
- Review development needs at appraisals, as our guide to whether appraisals are a legal requirement explains.
How do you ask your employer for time off to train?
- Check your contract, handbook and training policy for study leave.
- Check whether a legal right applies: apprentice, union or safety representative, young person in Wales or Scotland, or 26 weeks’ service where at least 250 people work.
- Make the business case: how the training helps you and the business.
- Be specific about the course, dates, time away, cost and any qualification.
- Offer solutions, such as swapping shifts, making up hours or a flexible working request.
- Put it in writing, citing section 63D if you are eligible.
- If refused, ask why, appeal if you can, and call the Acas helpline on 0300 123 1100 for free advice.
Which courses help managers plan training time?
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Frequently asked questions
Does my employer have to give me time off for training?
Not in most cases. There is no general legal right to time off for training in the UK. Specific rights cover apprentices, union and safety representatives, some 16 and 17-year-olds in Wales and Scotland, and employees of organisations with 250 or more staff, who can formally request time to train after 26 weeks.
Do I get paid for time off to train?
Only under some rights. Apprentices, union officials, union learning representatives, safety representatives and eligible young people in Wales and Scotland must be paid. Time off under the right to request time to train is usually unpaid unless the employer agrees. Training your employer requires counts as working time for minimum wage purposes.
Can my employer refuse a request for time to train?
Yes, but only on the grounds listed in section 63F of the Employment Rights Act 1996, such as extra costs, harm to meeting customer demand or being unable to reorganise work. The employer must follow the procedure, including a meeting and an appeal, and must not refuse based on incorrect facts.
Does the right to request time to train apply to small businesses?
No. It applies only where at least 250 people work in the organisation. The extension to smaller employers was never brought into force, although a small business can follow the same steps as good practice.
Do apprentices have to study in their own time?
No. In England, off-the-job training must take place during the apprentice’s normal paid working hours. If training has to happen outside those hours by exception, the apprentice must agree and be compensated, for example with time off in lieu or extra pay.
Is there a legal right to exam leave?
Not as a general right. Exam leave and study leave depend on your contract, a workplace policy or what your employer agrees. Apprentices and eligible 16 and 17-year-olds in Wales and Scotland are the main exceptions, because the law protects their study time.
This article is general information about time off for training in Great Britain, not legal advice. It reflects the Employment Rights Act 1996, the Education and Skills Act 2008, the Trade Union and Labour Relations (Consolidation) Act 1992, the 1977 Safety Representatives and 1996 Consultation Regulations, the National Minimum Wage Regulations 2015, the apprenticeship funding rules for England for 2026 to 2027, and GOV.UK, Acas and HMRC guidance as we found them on 19 October 2026. Northern Ireland has its own employment law. Check with Acas or an employment adviser before relying on, or refusing, a request for time off to train. Nexis CPD courses are CPD-accredited awareness training, not regulated qualifications or legal advice.