As routine entry-level tasks are automated, the jobs that remain for school leavers increasingly ask for qualifications. The Employment Rights Act 1996 gives some young employees a right to paid time off during working hours to study for one. When shifts are set by scheduling software, that time has to be built into the rota. This page explains who has the right and how it works.
The short answer: an employee aged 16 or 17 who is not in full-time secondary or further education and has not reached a prescribed standard of qualifications can take reasonable time off during working hours to study or train for a relevant qualification, and must be paid for it (s63A, s63B). The right does not apply to young people covered by the duty to participate in education or training in England (s63A(5A)), and the section's heading refers to Wales or Scotland.
Who has the right
The employee must (s63A(1)):
- be aged 16 or 17;
- not be receiving full-time secondary or further education; and
- not have reached the standard of achievement set by regulations.
An employee who turns 18 keeps the right for study or training they began before their 18th birthday (s63A(4)). References to an employee exclude anyone to whom Part 1 of the Education and Skills Act 2008 applies, which is the duty on 16 and 17 year olds in England to participate in education or training (s63A(5A)).
For employees who ordinarily work in England or Wales, the standard is set by the Right to Time Off for Study or Training Regulations 2001. It is reached by, for example, grades A* to C in five GCSE subjects, or one NVQ or SVQ at level 2, or one of the other level 2 qualifications listed (reg 3). The list uses the qualification names in use in 2001, so check how a current qualification is treated. Different provision can be made for Scotland (s63A(6)).
What counts as a relevant qualification
A relevant qualification is an external academic or vocational qualification, awarded or authenticated by a body specified under regulations, that would contribute to reaching the prescribed standard and would be likely to improve the employee's employment prospects, with the current employer or anyone else (s63A(2)). The study or training can take place at the employer's premises or elsewhere (s63A(7)).
How much time off
The amount of time off, when it is taken and any conditions are what is reasonable in all the circumstances. That depends in particular on the requirements of the study or training, the circumstances of the business and the effect of the absence on running it (s63A(5)). Working hours are any time the employee is required by their contract to be at work (s63A(8)).
Where the young employee is supplied by their employer to work for another business under a contract between the two (for example through an agency), the right to time off is against that other business, the principal (s63A(3)).
For a scheduling system, this means a college day or course hours need to be entered as a fixed constraint, not as availability the system can override when demand is forecast to be high. Whether a refusal is reasonable is judged on the facts, and a business reason has to be weighed against what the course requires.
Pay for the time off
The employee is paid for the time off at the appropriate hourly rate: a week's pay divided by their normal weekly working hours (s63B(1) and (2)). Where hours vary, the divisor is the average of normal working hours over the last 12 complete weeks, or, for a new employee, a number that fairly represents their normal weekly hours (s63B(3) and (4)). Contractual pay for the same period counts towards the statutory amount, and the other way round (s63B(5) and (6)). For how a week's pay is worked out when hours are set by software, see a week's pay.
Enforcement
An employee can complain to an employment tribunal that the employer or principal unreasonably refused time off, or that the employer did not pay what was due (s63C(1)). The tribunal makes a declaration and orders payment of the pay the employee would have received, or of the amount still owed (s63C(3) to (5)). From 1 October 2026 the time limit is six months from the day the time off was taken or should have been allowed, so check which period applies to earlier events (s63C(2)). Early conciliation through Acas applies first; see Acas early conciliation.
What this means in practice
- Employers in Wales and Scotland: when you take on a 16 or 17 year old who has left full-time education, ask about their qualifications and any course they are on, and make course time a fixed block in the rota.
- Young employees: tell your employer about the course and its timetable in writing, and keep a record of what you asked for and the answer.
- Agencies and hirers: the business the young person is placed with has to allow the time off, so the request and the rota need to reach it.
For the separate right to request time to train, see time off to train; for the limits on young workers' hours, rest and night work, see young workers and rota software. This page is general information as at 2 November 2026, not legal advice.
Questions and answers
Do 16 and 17 year olds get paid time off to study?
In Wales and Scotland, an employee aged 16 or 17 who is not in full-time education and has not reached the prescribed standard of qualifications can take reasonable paid time off during working hours to study for a relevant qualification (Employment Rights Act 1996 ss63A and 63B).
Does the right apply in England?
Not to young people covered by the duty to participate in education or training under Part 1 of the Education and Skills Act 2008, which applies to 16 and 17 year olds in England (s63A(5A)).
How much time off can be taken?
What is reasonable in all the circumstances, having regard in particular to what the study or training requires and the effect on the business (s63A(5)).
What if the employer refuses?
The employee can complain to an employment tribunal, which can order the employer to pay the amount the employee would have been paid for the time off (s63C).