Can An Employee Refuse Training?

Encouraging employees to progress with their personal development and within your business can help to unlock productivity and boost performance, especially if an individual is willing to undertake additional training relevant to their job role. Training can also form a mandatory part of a particular role, although not all employees will be willing to undertake training, particularly if it will be during their own free time.

In the UK, employees are generally expected to follow reasonable instructions from their employer, including attending training sessions that are necessary for their role. Employers have a duty to provide training to ensure employees can carry out their work safely and effectively, particularly where legal or regulatory requirements apply. Training may be essential for compliance with health and safety laws, industry regulations, or professional development.

In circumstances where an employee is not willing to undertake training, what can an employer do? Can an employee refuse training, and what action can be taken against an employee who refuses to follow a reasonable instruction to undergo training?

Refusing training without a valid reason could be considered a breach of contract, potentially leading to disciplinary action. Employees should consider whether the training is directly related to their job responsibilities or a legal requirement before declining.

The following guide provides practical advice for employers, managers and HR personnel on employee rights in relation to workplace training, from whether employees can lawfully refuse to participate in training to what legal right they have to request training.

 

Can an employer require an employee to undertake training?

 

In some cases, certain introductory training will form a necessary part of an employee becoming sufficiently qualified to carry out their role, for example, if you run a business offering gas boiler servicing to customers, as a legal requirement your operatives must be fully qualified and certified as “Gas Safe” engineers.

In certain professions, like medicine or law, there may also be an industry-standard requirement for ongoing training. This is to ensure each individual maintains the professional skills and competencies to perform their role and, in turn, their ability to lawfully practice. This is commonly described as Continuing Professional Development or CPD training.

In the case of either mandatory CPD or qualification training that’s required for an employee to hold a position, it’s perfectly reasonable for an employer to require an employee to undertake this training. However, an employer may also require an employee to participate in other types of training, as and when they think is necessary to meet the demands of the job or of the business as a whole. This could be either where new work equipment or technology, a new system of work or business processes, or new working policies etc are introduced.

In some cases, there may be express contractual provision contained within the employee’s contract of employment stipulating the requirement for them to undergo certain training, although this will only usually be deemed fair if the requirement is for training during working hours. Absent any contractual stipulation, whether or not an employer can reasonably require an employee to undertake training will depend on the particular circumstances involved.

 

What does the law say about training?

 

Even if an employment contract does not explicitly mention training, an implied term requires employees to follow lawful and reasonable instructions from their employer, which may include attending training relevant to their role. There is no single piece of legislation covering all aspects of training requirements; however, various legal provisions set out employer obligations in specific areas.

For example, under the Health and Safety at Work etc. Act 1974, employers must provide training that is necessary to ensure, so far as is reasonably practicable, the health and safety of employees. This could range from fire evacuation procedures to more comprehensive first aid training, depending on the nature of the work and associated risks.

In certain industries and roles, mandatory training is a legal requirement to comply with regulatory standards. For example, employees in sectors such as healthcare, construction, and food safety must undertake training to meet legal and professional standards. The Care Quality Commission (CQC) mandates specific training for care workers, while the Construction Skills Certification Scheme (CSCS) requires workers to complete health and safety training to access construction sites. Employers must ensure compliance with sector-specific regulations and provide necessary training to maintain legal and professional standards.

In determining whether a training request is reasonable, it should generally fall within the employee’s job remit. If an employee believes additional training is unnecessary, the employer must be able to demonstrate that it is essential for business operations, compliance, or employee development.

 

Can an employee refuse training?

 

Where an employer requires an employee to undertake training — and the request is lawful, reasonable and within the employee’s remit — the employer has a right to expect this to be followed. An employee’s refusal to obey a lawful and reasonable training request without good reason could constitute insubordination for which disciplinary action could be taken.

There may be certain circumstances in which an employee could justify a refusal to participate in training, even if the instruction is, in itself, reasonable. This could be where an employee suffers from a disability that prevents them from carrying out the request. In these circumstances, instigating disciplinary action for a failure to follow a training request could potentially amount to unlawful discrimination. Further, any failure to make reasonable adjustments to the training arrangements so as to remove any disadvantage suffered by the disabled employee when compared with others, may also constitute disability discrimination.

If an employee believes that training is unnecessary or irrelevant, they should raise their concerns with their employer. Employers must handle such concerns fairly and provide justification for training requests.

If the request for training is itself unreasonable, for example, where an employee is being asked to undertake the training in their own free time, then they ought reasonably be able to refuse that request without running the risk of any disciplinary action being taken against them. This could also include where training, even if during working hours, gives rise to unreasonable travel or childcare difficulties, such as where the training is at a different location than the employee’s normal place of work.

Much will depend on the circumstances and general context involved, where not every refusal can be either automatically justified or condemned.

 

How can a disagreement about training be resolved?

 

If an employee refuses training, prior to taking any action consideration must be given as to both the reasonableness of the request and the reasons for the employee’s refusal. If the request forms a necessary part of the employee’s role, including matters such as health and safety, or other important employment legislation designed to protect employees, then some form of disciplinary sanction may be warranted.

Any disciplinary action for a failure to carry out a reasonable training instruction, like all other types of misconduct, must be proportionate. Progressive disciplinary sanctions for employees who continue to refuse training could include a first and final written warning and, in some cases, dismissal. It is rare that a single act of insubordination would constitute just cause to dismiss an employee, although various factors will need to be taken into account, including:

 

• The magnitude of the refusal, including the impact or potential impact upon your business
• Whether the training request was lawful and reasonable, including within a reasonable scope of the employee’s work or job description
• Whether the request was clear and unequivocal
• Whether the employee’s refusal was wilful and deliberate
• Whether the employee was made aware of the consequences of refusing to comply with the request; ie; whether or not disciplinary action was a recognised consequence of refusal.

 

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.

If an employee has a reasonable explanation to disobey a training instruction, the onus may shift to you to accommodate any practical needs, for example, to provide training at a different time or place. In the context of a claim for unfair dismissal, a tribunal is also likely to take into account an employee’s previous work record in determining whether dismissal is an appropriate and proportionate disciplinary sanction. If an employee has an otherwise unblemished disciplinary record, dismissal may not be warranted, not unless the impact on your business of their refusal is serious.

A dismissal should therefore always be a last resort, especially if the employee has over two years’ service, providing them with the right to bring an unfair dismissal claim.

 

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. They will also be limited to making one request in any 12-month period.

Employees can request training which is designed to improve their effectiveness at work and the performance of their employer’s business. This could either be by way of accredited courses which lead to specific qualifications, or other unaccredited training to help employees perform their job role or progress within the business.

As an employer, you’ll not be obliged to pay for the training or to pay the employee for the time taken off work. However, given that your business will be benefitting from the training, you may wish to do so at your discretion.

In cases where an employer has agreed to fund an employee’s training because this is likely to benefit the business directly, very often contractual provision will be made for the cost of the training to be repaid by the employee if they leave their job within a certain timeframe after the training has been completed. This will then prevent the employee from taking advantage of their employer’s generosity to pay for the training in the first place, only to leave the business and work elsewhere armed with better qualifications.

However, a deduction from wages can generally only be made by an employer if there has been prior agreement and notification to the employee in writing that this will take place, and over what time period.

 

Can an employer refuse a request for training?

 

Even where the right to request study or training arises, an employer is not legally obliged to grant any request for time off. You should always give the matter serious consideration, where you must usually allow any reasonable requests for training from your employees, although there are a wide range of business reasons for which a request can be refused, including:

 

• It wouldn’t improve the employee’s effectiveness or benefit your business
• You would run up extra costs for the business
• You wouldn’t be able to meet customer demands
• You can’t re-organise the work among other members of staff
• You can’t recruit additional members of staff
• It would damage quality and business performance
• There wouldn’t be sufficient work for the employee to do when they intend to work
• It conflicts with any planned structural changes.

 

Once a request has been made, you have 28 days to either accept the request or arrange a meeting to discuss the matter with the employee. Following the meeting, you must then inform the employee in writing of your decision within 14 days, together with reasons as to why any request has been refused. If you do not grant a request, an employee can appeal against the decision within 14 days.

If an employer refuses an employee’s request for time off work to undertake study or training, the employee can appeal this decision internally. If the appeal is not upheld, the employee also has the right to bring a claim before an employment tribunal on the grounds that you have failed to follow the correct procedure, rejected the request on grounds other than those allowed or your refusal was based on incorrect facts. If the claim succeeds, you may be ordered to reconsider the request or to pay damages.

 

Need assistance?

 

DavidsonMorris’ employment lawyers work with employers to support with all aspects of workforce management, including guidance on workplace training and development. For expert advice, contact us.

 

Can employees refuse training FAQs

 

Can an employee refuse training at work?

Employees are generally expected to follow reasonable instructions from their employer, including attending training that is relevant to their role. Refusing training without a valid reason could result in disciplinary action.

 

Is training a legal requirement in some jobs?

In certain roles and industries, training is legally required to ensure compliance with health and safety regulations, industry standards, or professional requirements. Examples include food safety, construction, and healthcare.

 

What happens if an employee refuses mandatory training?

If an employee refuses training that is legally required or essential for their role, the employer may take disciplinary action. In some cases, refusal could lead to dismissal if it prevents the employee from performing their duties safely or legally.

 

Can an employer require training outside of normal working hours?

Employers should arrange training within working hours where possible. If training is required outside normal hours, it should be agreed upon in advance, and additional pay or time off may be considered, depending on the employment contract.

 

What should an employee do if they think training is unnecessary?

Employees should discuss their concerns with their employer and seek clarification on why the training is required. Employers should explain how the training benefits the employee and the organisation.

 

Can training requirements be included in a contract of employment?

Employment contracts can include training obligations, particularly if specific qualifications or skills are required to perform the role.

 

Do employers have to pay for training?

In most cases, employers cover the cost of training that is essential for the job. However, some agreements may require employees to repay training costs if they leave the company within a certain period.

 

Can an employee be dismissed for refusing training?

If training is necessary to meet legal, health and safety, or operational requirements, refusal could be considered a failure to follow reasonable instructions, which may lead to disciplinary action or dismissal.

 

How can employers ensure training compliance?

Employers should provide clear communication about training requirements, ensure relevance to the role, and engage employees in discussions about professional development needs.

 

Glossary

 

Term	Definition
Mandatory Training	Training required by law or industry regulations to ensure compliance with health, safety, or professional standards.
Reasonable Instruction	A lawful and fair request made by an employer that employees are expected to follow as part of their job duties.
Employment Contract	A legally binding agreement between employer and employee that outlines rights, responsibilities, and job expectations, including training requirements.
Disciplinary Action	Steps an employer may take if an employee fails to comply with workplace policies, including refusal to attend training.
Health and Safety Training	Training provided to ensure employees understand how to work safely and comply with legal requirements under health and safety legislation.
Industry-Specific Training	Training required for employees in regulated sectors such as construction, healthcare, and finance to meet industry compliance standards.
Professional Development	Training aimed at improving an employee’s skills and career prospects, which may not be legally required but enhances job performance.
Working Time Regulations	UK laws that govern working hours, including rules around training conducted outside normal working hours.
Repayment Agreement	An arrangement where an employee may be required to reimburse training costs if they leave the company within a specified period.
Dismissal	Termination of employment, which may occur if an employee refuses training that is essential to their role or compliance requirements.
Statutory Requirements	Legal obligations that employers must meet, such as providing necessary training to comply with employment and safety laws.
Training Policy	An internal document outlining the organisation’s approach to employee training, including expectations and consequences for non-compliance.
Employee Rights	Legal protections for employees regarding fair treatment, including the right to request reasonable adjustments for training.
Consultation	The process of discussing training requirements with employees to address any concerns and ensure clarity on expectations.
Skills Development	Training aimed at enhancing an employee’s competencies and qualifications for their current or future roles.