Section 63D — Employment Rights Act 1996: Statutory right to make request in relation to study or training

Statutory right to make request in relation to study or training 63D 1 A qualifying employee may make an application under this section to his or her employer.

2 An application under this section (a “section 63D application”) is an application that meets—

a the conditions in subsections (3) to (5),

and b any further conditions specified by the Secretary of State in regulations.

3 The application must be made for the purpose of enabling the employee to undertake study or training (or both) within subsection (4).

4 Study or training is within this subsection if its purpose is to improve—

a the employee's effectiveness in the employer's business, and b the performance of the employer's business.

5 The application must state that it is an application under this section.

6 An employee is a qualifying employee for the purposes of this section if the employee—

a satisfies any conditions about duration of employment specified by the Secretary of State in regulations, and b is not a person within subsection (7).

7 The following persons are within this subsection—

a a person of compulsory school age (or, in Scotland, school age);

b a person to whom Part 1 of the Education and Skills Act 2008 (duty to participate in education or training for 16 and 17 year olds) applies;

c a person who, by virtue of section 29 of that Act, is treated as a person to whom that Part applies for the purposes specified in that section (extension for person reaching 18);

d a person to whom section 63A of this Act (right to time off for young person for study or training) applies;

e an agency worker;

f a person of a description specified by the Secretary of State in regulations.

8 Nothing in this Part prevents an employee and an employer from making any other arrangements in relation to study or training.

9 In this section— “ agency worker ” means a worker supplied by a person (the “agent”) to do work for another person (the “principal”) under a contract or other arrangement between the agent and principal; “ compulsory school age ” has the meaning given in section 8 of the Education Act 1996; “ school age ” has the meaning given in section 31 of the Education (Scotland) Act 1980.