FEATURE INSIGHT
The case for staff training
Jade Linton, senior associate at Thursfields Solicitors, outlines the legal obligations and the ways businesses can utilise training to retain staffwhilst protecting their interests
T hey’ve accepted the job offer, are qualified for the role and can hit the ground running, but what happens later down the line? Are you expected to take sole responsibility for their development, and what if the employee’s choice of training is not key to the fulfilment of their duties? Compulsory training An employer requiring its employees to attend training directly related to their role must at least pay the national minimum wage for the time spent training. For example, the training may be aimed at enabling employees who use computers to do their jobs more effectively, such as teaching them to use the company’s internal system. This requirement extends to part-time employees, agency workers and those on zero-hour contracts. If the training is outside working hours, not directly related to the role or is voluntary, an employer will not have to pay for the time spent training. Additional training An employee with 26 weeks of continuous service in an organisation employing 250 or more people is entitled to request time off to undertake study and/or training. Provided the study and/or training is to improve effectiveness at work and is for the performance of the business, the employer is under a duty to consider the
request under sections 63D–63K of the Employment Rights Act 1996. Upon receiving the employee’s formal application, the employer must invite the employee to a meeting to discuss the proposal. The employer can refuse the application on permissible grounds which include (but are not limited to): ● ● the training would not improve either the employee’s effectiveness at work or the performance of the business, and ● ● if there would be a detrimental effect on the employer’s ability to meet customer demand.
developed and kept up to date with procedures and processes aimed at enhancing performance, in theory will be more efficient in their role. In turn, this should help with the smooth operation of the business. employee on the grounds of capability and the employee subsequently brings a claim for unfair dismissal, one thing an employment tribunal will consider is whether you followed a fair procedure e.g. by providing training, supervision and targets aimed at improving poor performance. The employee only has to establish that they were dismissed and once they have done that, the burden of proof will shift to the employer to show it acted fairly in treating the poor performance as a fair reason to dismiss. Therefore, it is essential employers can show they took reasonable steps to help the employee improve; providing additional training is one of the ways employers can demonstrate such efforts. ● ● Compliance – In certain industries, keeping employees up to date with developments and sending them on courses is essential to remaining compliant with health and safety laws. For example, employees who operate machinery in a manufacturing business will be required to undertake prescribed training relating to health and safety. ● ● Capability and performance management – If you dismiss an
...employer can refuse the application on permissible grounds...
If an application is refused, an employee does have the right to appeal the decision. An employee who is dismissed for making an application for additional training may also have grounds to bring an employment tribunal claim. Why it’s good for business There are many reasons why education and development is good for business, some of which are explored below. ● ● Efficiency – Employees who are
| Professional in Payroll, Pensions and Reward | November 2019 | Issue 55 36
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