Government answers business questions on how proposals will work as new legislation announced
03 December 2008
Some twenty five million employees are set to benefit from a new right to request time at work to undertake training, thanks to a new Bill in today's Queen's Speech.
The Bill will give each employee the right to request relevant training they need to improve their skills and to have these requests properly considered by their employer.
Ministers believe such a measure will be a powerful lever to ensure British businesses and individuals get the skills they need to emerge stronger after the economic downturn.
In England, the Government will support the new right by its increased investment in adult skills, which is expected to top £4.5 bn by 2009/10, including an expansion of Train to Gain to over £1bn by 2010/11.
Skills Secretary John Denham, who led the initiative, has argued the legislation will give many workers their first proper chance to have a serious discussion with their managers about their training needs. Research suggests that currently one third of employers do not train their staff and eight million received no kind of training last year.
But Ministers are also determined to ensure that the new right will not be a burden to business so the proposals should fit with what the best employers are already doing while encouraging others to follow those good examples.
Skills Secretary John Denham said:
"Businesses that invest in skills and training are far more likely to succeed and weather the downturn.
"Research last year showed firms that don't train are two and half times more likely to fail than those that do.
"I believe the legislation we have announced today will prove to be a powerful incentive for employers and employees to properly consider their training needs and to build a stronger future for their organisations and themselves.
"It will also encourage employers and employees to take advantage of publicly supported skills training."
Under the new measure requests could be to undertake accredited courses that lead to a qualification or for unaccredited training. Employers would be required to consider seriously the requests they receive, using the same sort of processes they have in place to manage requests for flexible working. The right relates to skills which are relevant to the employee's job. The right will encourage more employers to organise good employee review processes in which training needs are discussed.
The measure has received backing from business and employee representatives and the consultation on the proposals has received a positive response. A summary published today shows that 67 per cent of English respondents said the measures could help skills development in their organisations.
TUC General Secretary Brendan Barber said:
"If the UK is to compete internationally as a highly skilled economy, many more workers will need to access high quality training. The new right to request time to train will help millions of workers access the skills they need to fulfil their potential and will also promote a wider dialogue on training in our workplaces."
Deputy Director-General of the CBI, John Cridland, said:
"Employers invest £39bn every year in staff training and regularly discuss skills and training needs with their employees. The right to request will build on this existing good practice.
"We need a stronger skills base and a more competitive economy, and so these proposals must ensure that employers only accept requests for business-relevant training."
The new legislation could help over 300,000 people each year in England to receive training who otherwise would not have done - and will ensure training is taken more seriously by more employers.
Notes to Editors
1. Accompanying this press notice is a short Q&A briefing on what the proposal will mean for business which can be published in full should you wish.
2. Around 22 million employees in England could potentially benefit from the legislation alongside two million in Scotland and one million in Wales. As agreed with the Scottish Executive and the Welsh Assembly Government following consultations, the new right will be for employees throughout Great Britain. Whilst the creation of the right to request time to train is a matter for the UK Government, skills and training are generally devolved so the package of support in each country will be different and will be tailored to reflect the different skills systems across the UK. Media in Scotland and Wales should contact the devolved administrations for further details.
3. Subject to the passage of the legislation through Parliament we expect this right to be introduced in 2010.
4. To reach the 300K number of additional learners we looked at the size of the potential interested group and estimated the likely take up in any one year based on survey data.
5. All employees who have worked for their employer for more that 26 weeks are expected to benefit from the new right.
6. Managers would not have to agree to a request if they could not see a good business reason to do so.
7. We are making it easier for employers to access funding to meet their training needs through Train to Gain. We have recently announced a new package of support to help small and medium sized businesses to get the help they need to survive and prosper during tougher economic times. The package includes funding for units in business critical areas, and more funding for those who already have qualifications.
8. We recognise the particular needs of different sectors, and DIUS, the Learning and Skills Council and Sector Skills Councils have worked together to tailor and enhance Train to Gain through sector compacts.
For Publication: Questions and Answers
What rights will my staff have?
The proposals will give employees the right to request time to do relevant training. Employers will need to give these requests serious consideration.
When will the new rights be introduced?
The proposals are included in Government legislation that will be considered by Parliament. Provided that the legislation is passed, the new proposals will come into force in 2010.
Will I have to agree to all requests?
No. The proposed new right will be a right to request time to train. Employers will not have to agree to every request as long as there is a good business reason not to do so. The Government will provide advice on what those reasons could be.
For instance, in broad terms employers will not have to agree to a request if they think the training will not improve business performance.
Will the same rules apply to all firms, whatever their size?
Yes. However, if you are a small firm it is likely you will have more good business reasons not to do so.
What benefits does this have for businesses?
Research shows that firms that don't train are two and a half times as likely to fail than those that do. The proposals follow what the best employers are already doing and will help encourage others to follow that example.
Would I have to pay for training?
This legislation will not force you to pay for training - but obviously most businesses will choose to do so if it is related to what the business does. The Government has recently increased the funding available for some training and employers can get advice on this from their local Train to Gain broker or their local training provider.
Is there funding to cover the wage costs of someone who is on a training course?
There is some Government help for businesses with fewer than 50 employees. They can receive a wage subsidy when releasing eligible employees for training through the Government's training programme 'Train to Gain'. You can get further advice on this from http://www.traintogain.gov.uk. Further advice on how to access funding is available from a Train to Gain broker and training providers.
How will I know if the training will help my business?
Employees will have to be clear what training they want to do and how it will help the business. Employers will be in the best place to judge if this is true and following a discussion with the employee, make a judgement on whether they should agree to the request or not.
Can staff only ask to do training that can help my business?
Yes. Employees should request training that will make them better at their jobs and therefore improve business performance.
How often can staff ask to have time to train?
An employee can only expect their employer to consider a request once in any 12 month period under these provisions. But there is nothing stopping employees or employers discussing training needs informally at any time.
If I don't give them training can I be taken to an Employment Tribunal?
An employee who wants to challenge a decision will first have to appeal against a decision to the employer and then following that if there are still problems may complain to an Employment Tribunal. But complaints to a Tribunal may only be allowed if the employer has failed to properly consider a request.
What other help can I get from Government?
Businesses who grant training requests may be eligible for support to help with costs through the Government's training programme 'Train to Gain'. Information on what your staff may be entitled to is available from http://www.traintogain.gov.uk.
