Dr Richard Dune

04-05-2024

What is the guidance on statutory and mandatory?

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In the UK, many websites and blogs cover statutory and mandatory training. Most of these articles are sales pitches that don't delve deeply enough into this vital topic. As a result of this disparity, decision-makers often need clarification on what is expected of them and their organisations, failing to comply with legislative and regulatory training requirements.

In this article, Dr Richard Dune discusses the primary guidance regarding statutory and mandatory training in the UK, focusing primarily on health and social care.

What is statutory training?

Statutory training is usually required by law or when a statutory body has instructed an organisation to provide it based on specific legislation, such as the Health and Safety at Work Act 1974 and the Management of Health and Safety at Work Regulations 1999. Many employers often describe statutory training as "essential training" or "compulsory training," focusing on ensuring employees maintain a healthy and safe working environment.

Staff shortage can lead to unsustainable pressures that may prevent health and social care organisations from providing statutory training. However, failure to provide statutory training can result in serious regulatory consequences and potentially harm employees and service users.

What is included in statutory training?

As part of their induction, all new employees in health and social care organisations must attend relevant statutory training, including:

• Health and safety
• Basic risk assessment
• Fire safety awareness
• Resuscitation/first aid
• Manual handling of objects
• People moving and handling
• Data protection/information governance
• Control of substances hazardous to health (COSHH)
• Reporting of injuries, diseases and dangerous occurrences (RIDDOR).

Induction training requirements

An organisation's induction training program introduces new employees to their profession or job role. During induction training, new employees become familiar with their employer, workforce, roles and responsibilities. Induction training includes reading and understanding the local health and safety policy, including COSHH, fire safety procedures, and when and how to report injuries, illnesses, and dangerous incidents.

Typically, employees are expected to undergo an induction programme within the first month of starting a new job. In most employment contracts, attendance at statutory and mandatory training is stipulated as part of employee terms and conditions.

All staff are usually required to complete statutory and mandatory training sessions not covered in their induction within the first year.

What is mandatory training?

Mandatory training is delivered to ensure the safe and efficient delivery of services by an organisation. It is designed to reduce organisational risks and comply with local or national policies and government guidelines. Some organisations use the terms ‘essential training’ and ‘compulsory training’ as catch-all phrases to cover both mandatory and statutory training.

Organisations must carry out local risk assessments, including training needs analyses, and have appropriate policies and procedures in place. They must then decide which courses need to be done by their staff to mitigate the risks within their workplaces.

What does mandatory training include?

Mandatory training might include:

• COSHH
• RIDDOR
• Consent
• Hand hygiene
• Child protection
• Medical devices
• Conflict resolution
• Incident reporting
• Slips, trips and falls
• Complaints handling
• Resuscitation/first aid
• Dementia awareness
• Clinical record keeping
• Blood transfusion processes
• Infection prevention and control
• Managing violence and aggression
• Raising concerns and whistleblowing
• Personal protective equipment (PPE)
• Medicines handling and management
• Information governance/data protection
• Mental capacity and safeguarding adults
• Venous thromboembolism (VTE) awareness
• Display and screen equipment (DSE) awareness
• Equality awareness and eliminating bullying and harassment
• Violence against women, domestic abuse and sexual violence.

Payment for statutory and mandatory training

Statutory and mandatory training should ideally be completed during working hours and paid for by the employer. The Advisory, Conciliation and Arbitration Service (ACAS) states that written terms (in the employment contract) must specify what training staff should complete, including training the employer does not pay for (for employees starting after 6 April 2020).

When an employee is not working, the employer may require them to attend training or updates, but they should receive the equivalent amount of time off to compensate. Employers should ensure that those who work night shifts have opportunities to attend statutory and mandatory training.

The Working Time Regulations 1998 count any work-related training as 'working time' and, as such, when calculating weekly hours, counts as work.

Refresher statutory and mandatory training

Statutory and mandatory training usually requires annual updates depending on the role and organisational requirements. To comply with fire safety and manual handling legislation, health and social care workers must undergo yearly refresher training.

Professional organisations, such as the Nursing and Midwifery Council (NMC), Health and Care Professions Council (HCPC) and General Medical Council (GMC), do not specify how often mandatory training must be conducted. Registrants are, however, required to remain trained and competent. Employees are contractually obligated to follow the employer's training protocols and policies.

Statutory and mandatory training frameworks

In accordance with the current frameworks, employers are required to provide statutory and mandatory training. NHS Resolution, for example, sets risk management standards for the Clinical Negligence Scheme for NHS Trusts, and the Care Quality Commission (CQC) sets standards for inspections. Statutory and mandatory training frameworks will vary depending on:

• Risks within the working environment
• Workforce needs
• Standards set by insurers
• Internal governance and legal frameworks
• National legislative requirements
• Equality and diversity considerations.

Employee rights to training time

The right to study or train is statutory for staff working in organisations with 250 or more employees in England, Wales, and Scotland. Employees must have worked continuously for their employer for at least 26 weeks before making a statutory request for time to train.

Employers can refuse training requests if they have a good business reason for doing so. You can find more information about training and study at work on the government's website in England, Wales, and Scotland. There is no legislative right for agency and bank workers to request 'time to train' or study time off.

Equality and diversity considerations

Under the Equality Act 2010, employers have a responsibility to eliminate discrimination, harassment, and victimisation and to promote equal opportunities. When designing and delivering statutory and mandatory training, employers should consider those protected under the Act.

Employers should consider how they can accommodate employees with disabilities. It might be necessary to ensure the training's times, locations, and delivery are suitable and accessible. If necessary, the employer should remove physical barriers or provide extra equipment or aids.

Equality Act compliant training policies

As a result of the Equality Act 2010, employers must ensure that any training policy or practice does not disadvantage or negatively impact protected groups. It may be difficult for employees with religious beliefs or faith to attend mandatory training sessions/updates on certain days of the week.

Those experiencing discrimination based on a protected characteristic should contact their HR manager or union representative for advice. The Equalities and Human Rights Commission (EHRC) publication, ‘Your rights to equality at work: training, development, promotion and transfer’ (EHRC, 2011), contains more information about protected characteristics.

Visit the Equality Commission Northern Ireland if you work in Northern Ireland.

Essential training for bank and agency workers

The temporary or agency work contract should outline the right to access statutory and mandatory training. Typical training topics for agency and bank workers include:

• Fire safety awareness
• COSHH and RIDDOR
• Lone working awareness
• Health and safety at work
• Manual handling of objects
• People moving and handling
• Safeguarding vulnerable adults
• Infection prevention and control
• Safeguarding children/child protection
• Data protection/information governance.

There are no statutory rights for agency and bank workers to request time off under the government's guidance or paid time off for study.

Other training for bank and agency workers

In general, agency and bank nurses should receive mandatory training, but any further career advancement is usually self-funded.

Most of our statutory and mandatory training courses are available online for agency and bank workers, including those working for NHS Professionals. Professional career advice is provided by our experienced health and social care professionals.

Conclusion

Statutory and mandatory training are essential to ensuring safety, compliance, and the highest standards in health and social care. They enable organisations to meet legal requirements, mitigate risks, and foster the professional growth and competence of their staff.

By prioritising comprehensive statutory and mandatory training, organisations can fulfil their legal responsibilities while nurturing a culture of continuous improvement and excellence. This commitment not only benefits employees by enhancing their skills and knowledge but also improves the quality of care provided to individuals, creating safer and more effective care environments for all.

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Last updated on 11-12-2024

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