Chapter 2 - The Right to Request Time off for Training
1. We propose to introduce the right for employees to ask their employer to give them time to undertake training.
2. Employers - in both public and private sectors - would have to consider requests fairly and seriously. To make it easier for employers to manage the new right, we propose to base the processes for the new right to request time to train on the existing model of the right to request flexible working. Employers are used to dealing with requests under these arrangements and are likely to have well developed and understood processes for managing the flow of requests. It is envisaged these processes could be easily adapted and extended to support a new right to request time to train. The introduction of a right to request flexible working has stimulated a real change in cultural attitudes to flexible working, and a real increase in the incidence of flexible working arrangements. We believe that the introduction of a new right to request time to train could have an equally powerful effect on attitudes and behaviours of both employers and employees in relation to skills.
Who would the right to request time to train apply to?
3. We propose to create a new right to request time to train for all employees in Scotland, in line with that being introduced in England. By 'employee' we mean someone who has entered into or works under a contract of employment. The right would apply to employees working in both the public and private sectors but would not apply to members of the armed forces.
4. We propose making it a condition that an employee would have to have worked for their employer for a reasonable period before being able to make a request for time to train. Under the existing flexible working arrangements, employees are eligible to apply to vary their contracts of employment if they have been continuously employed by their employer for a period of not less than 26 weeks. We consider a reasonable period of prior continuous employment by an employee to be eligible for the right to request time to train may also be 26 weeks.
5. Casting the coverage of the new right in this way would mean that employers would only be dealing with requests from employees with whom they had developed a substantial working relationship, and who had demonstrated a degree of loyalty to the business.
6. We also propose that, where they are considered to be 'employees', volunteers should be covered by the new right.
What sort of training would be covered?
7. We propose to cast the right in terms that enable employees to request time to undertake any training that will help them to be more productive and effective at work, and that helps their employer to improve productivity and business performance.
8. So, people would be able to request time to address a particular skills need, for example working with spreadsheets, as well as full qualification-bearing programmes such as Scottish Vocational Qualifications ( SVQs) or English for Speakers of Other Languages courses. Such a broad scope for the right would mean that all employees - whatever their prior level of skills attainment - could exercise the right, thereby maximising its potential as a lever for cultural change, and maximising its direct impact on the skills of the workforce.
Would employers have to pay for the training?
9. Many employers already invest significant resources in training for their employees, and will want to align that spend with requests they receive from their employees. But we do not propose that employers be compelled to pay for training when they grant a request for time to train.
10. Individuals undertaking training will have access to various funding streams dependent on their circumstances and we will ensure that information on funding is readily available.
How would employees make a request for time to train?
11. There is, of course, a wide range of ways in which an individual employee might identify they have a training need. This could be through discussion with a colleague, their Line Manager, a Union Learning Representative, or by contacting Skills Development Scotland.
12. Once an employee has identified the training they believe will help them improve their skills, and help them become more productive and effective in work, they will be able to submit a request for time to train to their employer.
13. To do this, it is proposed employees should set out their requests in writing. So that it was clear what the application was, and to help the employer consider the request, we think that employees should explain:
a. Exactly what training it is that they want to undertake, taking full account of their training needs at that time.
b. What, if any, qualification(s) they would receive as a result of successfully completing that training.
c. The amount of time they are requesting, how much time it would take, and when it would start.
d. Where and how they would like to undertake the training.
e. How they believe the training is related to their work, how it would help them to be more effective and productive at work, and how it would help the employer improve business performance and productivity.
14. We propose that employees should be able to ask that they are accompanied to any meeting with their employer about the request for time to train, and we would not propose to specify or limit who that companion might be. In practice, employees might want to be accompanied by a friend, colleague or their Union Learning Representative.
Would employers have to grant all requests?
15. The proposed new right would be a right to request time to train, and not a right to time to train. After considering the request they receive, employers would be able to reject a request for one or more acceptable business reasons. Based on the existing list for flexible working provisions, it is proposed the acceptable reasons could be as follows:
a. Relevance of training to business productivity and performance
Where the employer does not believe that the training being requested would help the individual employee to become more effective and productive at work, or contribute to improved business productivity and performance in the short or long term.
b. Suitable training is not available
Where the training the employee has requested is either not available, or is not available at time or location compatible with the effective running of the business.
c. Burden of additional costs
Where the cost associated with granting the request, for example arranging for cover of the employee's shifts whilst they undertake their training, is a burden the employer cannot afford to meet.
d. Detrimental effect on ability to meet customer demand
Where granting a request for time to train would have a negative impact on the employer's ability to conduct its normal business and meet the needs of their customers.
e. Inability to reorganise work among existing staff
Where, perhaps because of the amount of time being requested, it is not possible to reorganise the work among the remaining staff to enable a request for time to train to be granted.
f. Inability to recruit additional staff
Where the employer is unable to recruit staff to provide cover for a member of staff undertaking training as a result of a request for time to train being granted.
g. Detrimental impact on quality
Where there would be a negative impact on the quality of output of the business as a result of a right to request time to train being granted.
h. Detrimental impact on performance
Where there would be a negative impact on the performance of the business as a result of a right to request time to train being granted.
i. Insufficiency of work during the periods the employee proposes to work
Where an employee proposes working alternative hours to accommodate their time to train but they are not needed at these times as there is insufficient work.
j. Planned structural changes
Where the business will be undergoing changes which mean it is not clear whether a request for time to train could be granted.
16. Employers should be able to judge each individual request for time to train on its own merits. That may mean that they accept a request for time to train from one employee, but later reject an apparently similar request from a different employee because one of the business reasons outlined above is relevant in one case and not the other.
How much time could an employee request?
17. It would be down to the employee and the employer to agree how much time was taken. This would be a key element when any request is being considered and would, in most cases, be dictated by the particular skill the employee needs to develop and how they had chosen to do that. What would be important is that an employee gets sufficient time to acquire the skills or qualification that has been agreed with the employer as economically valuable to the business.
18. We propose limiting the number of requests to one in any 12 month period. This is again in line with the flexible working arrangements. However, it would be possible for this one request to cover more than one type or course of training, depending on the needs of the employee. For example, an employee could ask to undertake an SVQ level 1 and have literacy or numeracy needs that need to be addressed as well. What would be important is for the request to stimulate a proper dialogue between the employee and employer about the employees' individual learning needs.
How could the time be taken?
19. It would be for each employee and their employer to consider and agree what would work best for them. Employees might take time away from their main duties to undertake training at work, or they might agree with their employer that their training need would best be met by their taking time off work to undertake training. In cases where an employee undertook training away from the workplace this could be achieved through negotiating changes to working arrangements to accommodate the training, or by the employer agreeing to give the employee paid time off to undertake training.
Will applicants have a right of appeal?
20. It is proposed that employees would have a right of appeal at two levels. In the first instance to their employer; and following that, to an Employment Tribunal.
21. Appeals to Employment Tribunals would only be allowed where the employer has failed to follow the correct procedure, for example, by not holding meetings with the employee, or where the employer had rejected an application on the basis of incorrect facts.
22. It is envisaged that the Tribunal could require the employer to re-consider the application where it finds in favour of the applicant and may make an award of compensation within certain defined limits.
What will the impact of time to train be?
23. We believe that the introduction of the right to request time to train will be a significant driver of cultural change, and action, in relation to skills, empowering individual employees by effectively giving them a right to a serious dialogue with their employer about their skills needs. It will encourage them to think about how, by improving their skills, they could realise their potential and progress in their careers. There is a good deal of support available through, for example, Individual Learning Accounts, Skills Development Scotland, and the network of union learning representatives, to support individuals in considering their skills and training needs.
24. The introduction of time to train will also serve to raise employers' awareness of the importance of skills to their business, and encourage them to engage with their employees about how they can develop the skills that they need to drive their business forward. For those employers who already recognise the role that skills can play in driving increased productivity, innovation, and business performance the introduction of time to train will go with the grain of their existing people strategies. For example, employers that have achieved recognition against the Investors in People Standard are likely to already have policies and processes in place to support their employees to develop their skills.
25. The introduction of the right to request flexible working has contributed to a much wider change in employer attitudes and behaviour in relation to flexible working, with 92% of employers reporting that they would consider a request to change a working pattern from any employee (despite legislation only requiring employers to do so for some employees) and a significant increase in the number of employers who actively promote flexible working.
26. We hope that many employers will see the business benefits of time to train, choose to respond to time to train in the same positive and proactive way they have to the right to request flexible working. There is support available, through Skills Development Scotland and Local Business Gateways, to help employers to do that. Many may also want to include discussion on skills and training as part of their ongoing dialogue with their employees through their Trade Unions.