Time to Train

Consulting on a new right to request time to train for employees in England

A response to the Department of Innovation, Universities and Skills from the National Institute of Adult Continuing Education

Published: July 2008

1. The National Institute of Adult Continuing Education (NIACE) is an independent non-governmental organisation and charity. Its corporate and individual members come from a range of places where adults learn: in universities, further education colleges, workplaces, local community settings, prisons and in their own homes via ICT. The ends to which NIACE activities are directed can be summarised as being to secure more, different and better opportunities for adult learners. NIACE is a leading voice in lifelong learning and represents the interests of all adult learning, advocating increased opportunities and better quality provision. It is particularly concerned to advance the interests of those who have benefited least from their initial education and training.

2. There is much to welcome in the new consultation document especially the Secretary of State's desire for employees to engage their employers in "serious conversation" about their skills development. NIACE has long advocated for the establishment of an entitlement to training and we warmly welcome Government’s intention to introduce a right for employees to request time from their employer to undertake relevant training. With sufficient publicity and support, this measure could be a significant first step towards building a culture of lifelong learning in workplaces and meeting UK skill needs.

3. NIACE particularly welcomes the right to request time to train for all employees, including volunteers, at every educational or skill level. However we note that this is at odds with the notion of public funding for “first” qualifications only, particularly in education towards level 4 and above.

4. Whilst the increase in demand, likely to be created by the right to request time to train is entirely welcomed, it will become necessary to introduce a funding product to support that increase. At present there are restrictions on Skills Accounts and Adult Learning Grants; and the budget (£20 million) for Career Development Loans is too small.

5. NIACE further welcomes the notion that permissive legislation for employers is “lighter touch” rather than regulated and we share Government’s hope that this is sufficient to ensure the culture change in workplace learning and training is achieved.

6. However Government will need to ensure that awareness of the new right reaches those whose employers are amongst the one third who do not currently train their staff at all. It is appreciated that Government has resisted exempting any SMEs from the proposed legislation, giving employees in those organizations the right to the same serious conversation about their training needs as employees in larger companies.

7. NIACE is also pleased at the alignment of the proposed new right to request Time to Train to the existing one on Flexible Working and note how the latter has succeeded in changing workplace culture over working patterns.

8. However, the alignment will have its limitations. Differences between rights are manifest in purpose and contractual change for example. Many employees have had their right to request flexible working agreed and satisfied through a contractual reduction of hours. This has generally worked because the benefit of flexible working to the individual has been more immediately apparent than the benefit of business-orientated training leading to an immediate loss of working hours and pay. Government should encourage employers to grant paid time off in response to requests for time to train.

9. NIACE welcomes the introduction of the extension of the right to request flexible working to those parents of children aged under 16; and notes its proposed introduction date will coincide with that for the right to request time to train. It is a concern that employers may give priority to those employees who utilize the right to request flexible working over those who request time to train, especially as the flexible working procedures will be more familiar to them.

10. Government will need to support employers and employees in introducing and managing the right to request time to train through measures to ensure quality dialogue takes place; through advocacy support for union learning reps where they exist; and through guidance on managing absence. For the employers that currently provide good training, support for adapting existing documentation to meet the requirements of the new right, whilst retaining the light touch approach should be provided. Some employees may need writing support to complete the written request, in order for the people who may have benefited least from learning not to be further excluded.

11. Furthermore employers will need support in helping employees source the training they have requested and there is a clear role for the Adult Careers and Advancement Service here to intervene. It is also noted that employers can utilize the Train to Gain brokerage service to help them source appropriate training opportunities when granting requests for time to train.

12. A way forward, to ensure that all employers are able to implement Time to Train as and when it comes into force, is to commission the development and piloting of practical mechanisms for implementation– perhaps protocols for setting up the conversations, holding the meetings, formally making requests, working with trade unions and ACAS etc. NIACE would gladly provide further assistance on the matter.

13. Another key way to facilitate the implementation of Time to Train is by extending, to all recognized trade unions, the right to two meetings a year with employers to consult on their policy and plans on training*. At the moment legislation is not congruent, as this requirement only applies in workplaces where union recognition has been secured through a ballot procedure under the employment act 1999 and not those recognized on a 'historic' or 'voluntary' basis.

14. For those workplaces without a recognized trade union, implementing statutory workplace training committees, analogous to health and safety committees as suggested by the Leitch Report, would be a key step forward.

15. NIACE notes that the Government’s confidence in the new proposed right to request time to train has led it to delay considering the introduction of a legal right to training until 2014. This however makes it even more important that the granting of requests to time to train, and adult learning and training participation is closely monitored during the intervening years; so that the legal right to training may be introduced should training not increase at the rate required.

16. Employers have a vital role to play in encouraging people to improve their literacy, numeracy and English language skills. NIACE believes that employers’ efforts to transform their workforce into more confident and autonomous learners will in the long run create benefits surpassing their investment.

17. NIACE would welcome the opportunity to elaborate on any of the themes covered in this paper and looks forward to the opportunity of contributing further to discussions about workplace learning. In the first instance please contact Alastair Thomson, Senior Policy Officer.

NIACE
Renaissance House
20 Princess Road West
Leicester
LE1 6TP

July 2008

* Chapter VA of Part I of the Trade Union and Labour Relations (Consolidation) Act 1992 (collective bargaining: recognition) section 70B Training.

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