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Employers, trade unions and individuals in Scotland are being asked for their views on whether employees should be given the right to request time off to train.

Cabinet Secretary for Education and Lifelong Learning, Fiona Hyslop today launched a targeted consultation on whether employees in Scotland should be given this new right.

The UK Government has recently consulted on whether the Employment Rights Act - legislation which is reserved to Westminster - should be amended for employees in England to give them the right to ask for time off to undertake training which would support business needs, as well as helping to develop the individual. There will be no obligation on employers to approve such requests.

Subject to the outcome of the Scottish Government's consultation, that legislation would also be amended to cover employees in Scotland.

Ms Hyslop said:

"The Scottish Government recognises that skills development is crucial to creating a smarter, fairer country in which everyone has an opportunity to develop to their full potential and can contribute towards our efforts of delivering higher levels of sustainable economic growth.

"Businesses and employees both have much to gain from encouraging and participating in lifelong learning opportunities. The introduction of a right to request time off to train would further encourage a lifelong learning culture in the workplace and empower employees to have a serious dialogue with their employer about how best to meet their skills needs, benefitting them and the business.

"The Scottish Government has taken the lead in extending the territorial scope of the UK Government's proposals. Clearly, however, we also recognise that that there are challenges as well as opportunities, particularly for smaller businesses, which may arise from these changes. That's why we want to encourage Scottish employers, trade unions and individuals to ensure their views are heard on this important issue."

The key proposals in the consultation launched today are that:

• Employees can ask their employer for time off to train where the training will benefit both them and the employer
• Requests do not have to be for accredited programmes but could be for short, unaccredited training
• The employer must carefully consider each request but could decline it for a good business reason and there will be no requirements where an employee was recruited less than 26 weeks previously
• Employers agreeing a request can opt to meet the employee's salary during training, but are not obliged to do so if it is 'off the job' training. The employer may organise the training or indeed pay for it, but there is no obligation to do so. Work-based training would count as 'time to train'. Alternatively, the employee could organise their own training
• The practical arrangements which employers would follow would be based on the existing right to request flexible working, which many employers are already familiar

The consultation will close on October 31.

Related Information

http://www.scotland.gov.uk/Publications/2008/09/righttorequest