OpenLegislation

Regulation 6 Form of decision noticeI1

England, Wales and Scotland

(1)

A notice under regulation 5 must—

(a)

be in writing; and

(b)

be dated.

(2)

Where the employer’s decision is to agree the section 63D application, a notice under regulation 5 must—

(a)

give the following details of the agreed study or training—

(i)

the subject of the study or training;

(ii)

where and when it will take place;

(iii)

who will provide or supervise it; and

(iv)

what qualification (if any) it will lead to; and

(b)

make clear—

(i)

whether any remuneration under the employee’s contract of employment will be paid for the time spent undertaking the agreed study or training;

(ii)

any changes to the employee’s working hours in order to accommodate the agreed study or training; and

(iii)

how any tuition fees or other direct costs of the agreed study or training will be met.

(3)

Where the decision is to refuse the section 63D application, a notice under regulation 5 must—

(a)

state which of the grounds for refusal specified in section 63F(7) of the 1996 Act are considered by the employer to apply;

(b)

contain a sufficient explanation as to why those grounds apply; and

(c)

set out the appeal procedure.

(4)

Where the employer’s decision is to agree part of a section 63D application and refuse part of a section 63D application, a notice under regulation 5 must—

(a)

make clear which part of the application is agreed to;

(b)

make clear which part of the application is refused;

(c)

give, in respect of the part which is agreed to, the information required under paragraph (2); and

(d)

include, in respect of the part which is refused, the details required under paragraph (3).

Annotations

Commencement

I1

Reg. 6 in force at 6.4.2010, see reg. 1