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Legally, you do not have to pay employees if they request time off for training or study that isn't required for them to carry out their job.
Employers can only deduct money for training courses if it was agreed in the contract or in writing beforehand. For example, an employer could ask someone to agree in writing before a training course to pay back costs if they leave within 6 months.
Can an employee request training? Under the Employment Rights Act 1996, an employee has a statutory right to request time away from work to undertake study or training. However, this right will only apply to employees who have worked for you for at least 26 weeks and where your organisation has more than 250 staff.
In general, illegality makes a contract of employment void, so the individual loses all statutory rights as an employee (such as the right to claim unfair dismissal, or a redundancy payment), and cannot rely on their contractual rights (such as the right to claim wages for work that they have done).
Employers must act reasonably where employees either resist or refuse training. Before dismissing an employee for any failure to follow a training instruction, you must ensure that the instruction was reasonable, and the refusal unreasonable, in all the circumstances.
An employer may not base hiring decisions on stereotypes and assumptions about a person's race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.
The exception applies where being of a particular sex, race, disability, religion or belief, sexual orientation or age or not being a transsexual person, married or a civil partner is a requirement for the work, and the person whom it is applied to does not meet it (or, except in the case of sex, does not meet it
Exempt occupations Certain employment is exempted from the Act, including: Priests, monks, nuns, rabbis and ministers of religion. Actors and models in the film, television and fashion industries (a British Chinese actress for a specific role, for instance).
Your employer can generally decide whether to offer training and, if they do offer it, who needs it. But if they do offer opportunities for training or development, they must do this without unlawful discrimination.
The 4 types of DiscriminationDirect discrimination.Indirect discrimination.Harassment.Victimisation.