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New rights offer fresh opportunities

29 June 2010

While the new right to time off work for training does not go far enough, it does provide us with opportunities to recruit and organise members.

Eleven million people now have a new statutory right to request time away from work to undertake training that they believe will improve their performance and be beneficial to the organisation.

Known as ‘time to train’, to qualify staff must be an employee and have worked for the employer continuously for at least 26 weeks before applying. Under the right, staff can request training leading to a qualification; and training to help them develop skills relevant to their job, workplace or business.

The right falls short of a firm guarantee to time off for training and the fact it can be unpaid could lead to employees paying for their own training.

Also, the training must be to improve business performance, and this is a somewhat subjective test that can only really be measured after someone has completed a course. We believe this could be used as a barrier to block development.

The new right does not automatically change any existing arrangements about payment for wages while training, or meeting the cost of course fees.

Opportunities for reps

However the right can provide opportunities to organise members, develop collective bargaining and recruit new members to the union.

We believe it is important that before any employee makes a formal request, they should discuss this with their union learning rep who will be able to provide general advice, help fill out a request application form or compose a letter. They may also attend a formal meeting between the employer and the member.

As the request for ‘time to train’ can only be made once in a 12 month period, it is crucial the learning rep takes an active role in this. It will also help the ULR to monitor requests and collect data to support collective bargaining in training and development issues, and monitor how successful requests are.

By working together, negotiators and ULRs can see if learning agreements need to be amended or if new ones need to be developed. The new right gives an urgency to pursue a formal agreement.

Environment and equality

Government employers have sustainability targets to meet and private sector employers will often have some form of environmental policy.

Environmental reps are often outside the bargaining framework. So to help employers reach their targets and objectives, these reps may want to request training courses such as the TUC’s trade unions and the environment course or the Climate Solidarity action group training.

Similarly all public sector bodies have a legal equality duty in race, gender and disability. Equality reps are also not formally recognised by employers, so the right to request training could be useful here.

Green and equality reps need to discuss this with their branches, and group executives should consider the opportunities the legislation, despite its limitations, provides.

Employers have a duty to consider a training request. They should only be able to turn it down if they have a good business reason.

Given the new government is likely to clamp down further on workers’ rights, it is important we use all the tools available to build and sustain union organisation in the workplace.

More information is available from UnionLearn and DirectGov. Union learning reps can contact PCS ULR support officer Liz Kearns on elizabeth@pcs.org.uk

 

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