Employee statutory and mandatory training requirements

As one of the UK's leading providers of statutory and mandatory training, we receive many inquiries regarding employee training. Many employers need clarification about which training courses they should provide their employees to meet legislative and regulatory requirements. Also, the difference between mandatory and statutory training requirements is sometimes understood by HR and compliance managers.

In this article, Dr Richard Dune outlines the core training requirements in accordance with current UK laws and regulatory recommendations. The blog will also provide links to mandatory and statutory training courses for employees in the UK.

Building successful employee training programs

It is important for any organisation to provide training to its employees, regardless of their size or sector. An employee training program can focus on familiarising new staff with the organisation's processes, such as induction and onboarding training or improving skills. Employee training helps organisations improve service delivery, customer service, and business growth. For workers to work safely and effectively, they must also attend relevant mandatory and statutory training.

So, do you have effective statutory and mandatory training programs for your employees? Does your company's employee training program help or hinder growth?

A comprehensive learning and development program is essential regardless of how many employees you have. Employee training programmes should include mandatory and statutory courses, organisational processes, internal technical systems, and how new hires fit into the organisation. As part of structured employee training programs, we believe that new employees should be immersed in the workplace culture, as well as aligned with the organisation's mission, vision, and values. By aligning training with organisational strategy, employers are more likely to hire and retain employees, setting them up for long-term success.

What is statutory training for employees?

Statutory training is required by law or where a statutory body instructs an organisation to provide training on the basis of specific legislation or regulations. For example, the Health and Safety at Work Act 1974 and the Management of Health and Safety at Work Regulations 1999 are examples of these laws. Many people refer to statutory training as 'compulsory training' or 'essential training'.

Employees are required to attend statutory training in order to maintain a healthy and safe working environment for them, their colleagues, and visitors. To remain compliant with the law, employers and employees must undertake statutory training, regardless of any pressure they may be under.

Which courses are statutory for employees?

New employees are required to undergo core health and safety training subjects in all sectors (as relevant), including:

• Awareness of the local health and safety policy
• Basic risk assessment and management
• Awareness of the control of substances hazardous to health (COSHH)
• When and how to report injuries, diseases and dangerous occurrences (RIDDOR)
• Fire safety awareness training (including hazard identification)
• Manual handling/people moving and handling
• First aid at work/emergency first aid at work
• Annual updates in the essential areas of fire safety and manual handling.

See the table below for the relevant laws that apply to the core statutory training modules.

What is mandatory training for employees?

Mandatory training for employees is compulsory training that an organisation deems to be essential to deliver services safely and effectively. Mandatory training is developed based on regulatory standards, national guidance, professional best practice recommendations, and national and local policies. Other terms interchangeably used to describe mandatory training include ‘compliance training’, ‘essential training’ and ‘compulsory training’.

Each organisation must fully understand the legislation, regulations and best practice recommendations for the sector/industry they operate in. They should then carry out a training needs analysis (TNA), which will inform the training their employees should undertake to minimise organisational risks and deliver efficient services. For example, a restaurant will provide food safety/food hygiene, infection prevention and control, equality, diversity and inclusion as part of their mandatory training programme.

Who needs statutory and mandatory training?

Mandatory and statutory training should be completed by all employees, regardless of their employment status, whether they are full-time, part-time, permanent or temporary, agents, banks, or locum contractors. For example, line managers may be required to attend fire warden training, while junior employees may be required to take fire safety awareness courses. Different levels of mandatory and statutory training for professional groups in many sectors will be outlined in specific guidance.

Completing relevant training at the right level informs managers and employees of their specific responsibilities, minimises workplace risks, and improves business outcomes. Failure to provide employees with statutory and mandatory training may result in penalties, including prosecution for directors or even business closure. Employees who fail to complete mandatory and statutory training may also be subject to disciplinary action or contract termination.

Benefits of statutory and mandatory training

The benefits of mandatory and statutory training for employees include:

• Improving compliance with relevant laws, regulations and guidelines
• Protecting the organisation and its employees from legal action or regulatory sanctions
• Improving employee awareness and compliance with organisational policies, procedures and set standards
• Awareness of rights and responsibilities
• Awareness of potential hazards and risks, their minimisation and management
• Improving workplace safety, thus, minimising accidents and injuries
• Improving employee morale and motivation, and a safety attitude
• Instilling a culture of learning and development.

Developing and implementing training policies

Most organisations have appropriate training policies in place, including statutory and mandatory training. Policies and procedures ensure that all employees receive the same level of training on organisational policies, safety procedures, and other topics. An organisation should consider the topics that need to be covered based on the legislative and regulatory requirements for that sector, the length of the training, and the delivery method for the training.

The topics that should be covered in statutory and mandatory training depend on the organisation's needs analysis. Training length will also vary, depending on the complexity of the subject/process. However, it is usually recommended that employees have enough time to complete the training and ask questions.

Training can be delivered in person, online, or blended depending on the organisation's needs. Practical demonstrations and competency assessments are required for some subjects, such as first aid, manual handling, and fire safety. After the training is completed, employees should have access to the training material for reference, regardless of how the training is delivered. Moreover, work processes, procedures, and supervision methods should be aligned with the training's aims, objectives, and learning outcomes to help employees apply their knowledge.

Attending statutory and mandatory training

In most cases, new employees must attend an induction program within the first month of employment. In the first year of employment, employees are typically required to complete statutory and mandatory training sessions that were not covered during induction.

Statutory and mandatory training is usually part of employment terms and conditions. Employees should review their employment contracts and local policies to understand their obligations.

Employers should pay for mandatory and statutory training and ensure that it is conducted during working hours. ACAS also states that if an employee begins working for their employer after 6 April 2020, their employment contract must specify the training they are expected to complete, including any training their employer does not pay for (ACAS, 2023).

Employees may attend training or updates on days they are not working, but they should be compensated with time off. Employers should accommodate employees who work regular night shifts by scheduling regular training sessions. Under the Working Time Regulations 1998, any work-related training is considered 'working time' and, as such, counts toward weekly hours.

Employee right to training time

In England, Wales and Scotland, employees and those who work in an organisation with 250 or more employees have the right to request study or training time. A statutory request for time to train can be made by an employee who has worked continuously for their employer for at least 26 weeks. Employers may refuse the request if they have valid business reasons. The government website has more information in its section on training and study at work for those in England, Wales and Scotland.

The statutory right for agency and bank workers to request 'time to train' or paid time off to study is not guaranteed in law.

Payment for statutory mandatory training

Employees may be paid or not paid for attending statutory and mandatory training, depending on their employment contract. For those who started working for their employer after 6 April 2020, the written terms must specify what training they must complete, including training their employer does not pay for. In general, agency and bank nurses should receive mandatory training, but they are usually required to self-fund any further educational development.

Employees earning more than the National Minimum Wage may already be covered by their pay for mandatory and statutory training. They should check their employment contract to determine if they will be paid for the time spent on training if the training is not during normal working hours.

Employees earning the National Minimum Wage or close to it should be compensated for time spent on statutory and mandatory training. This is because the pay received compared to the number of hours worked during the pay reference period may fall below the National Minimum Wage.

Employer obligations 

Depending on the sector, employers should deliver statutory and mandatory training under a variety of frameworks. Frameworks vary based on:

• Risks associated with the workplace
• Workforce needs
• Standards set by insurers
• Legal and governance frameworks
• Requirements specific to each country
• Equality and diversity and inclusion considerations.

The Equality Act 2010 (the Act) requires employers to eliminate discrimination, harassment and victimisation and promote equal opportunities. Consequently, employers should take into account those protected under the Act when designing and delivering statutory and mandatory training. It is imperative for employers to consider whether accommodations can be made for employees with disabilities, including the times, locations, and delivery of training. If necessary, the employer should remove any physical barriers or provide additional equipment or aids.

The Act requires employers to ensure any training policy and practice does not disadvantage or negatively impact protected groups. For example, employees with a religious belief or faith might be unable to attend mandatory training sessions/updates if they are held on certain days of the week. More information can be obtained from the Equalities and Human Rights Commission (EHRC) in Scotland, England and Wales and the Equality Commission in Northern Ireland.

Implementing statutory and employee training

The implementation of mandatory and statutory training for employees can be a real headache for many organisations. Various methods of delivering and assessing training present both challenges and advantages.

As a result of the COVID-19 pandemic, many organisations now combine in-person training with online training (blended learning). The use of learning management systems (LMSs) has become ubiquitous across all sectors. In order to manage training effectively, many organisations follow the six steps outlined below:

• Selecting a learning management system (LMS)
• Mapping training requirements to job roles
• Creating or acquiring a training curriculum
• Adding users and communication expectations
• Providing certifications to participants
• Recording and reporting training progress and effectiveness.

Using LMS software to deliver mandatory and statutory training to employees allows managers to plan, train, and administer training from one location. Learn more about statutory and mandatory training for employees using a learning management system by clicking here.

Conclusion

Organisations must comply with laws and regulations, such as time off for employees to undertake statutory and mandatory training. The impact of these laws is often not acknowledged until an employee has a grievance related to the employer's failure to comply.

The benefits of an effective and comprehensive employee training program are numerous; however, it is essential to create a program that is compatible with the culture of your organisation. If you comply with statutory and mandatory training, encourage knowledge sharing within the organisation, and regularly evaluate your training needs, you will achieve maximum productivity and long-term success.

Click here to see online courses and resources that will help your organisation comply with employee statutory and mandatory training requirements.

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