With the rise in National MinimumWage and National Living Wage A frequent question on various Facebook and other social media groups is around training.
It appears that some employers oblige their employees and workers to undertake training in the workplace or at home in the employees own unpaid time. the employer considering that training is not working.
A number of employers named in the 524 employers who breached National Minimum Wage law and underpaid their employees and workers related to unpaid work time.
‘Mandatory training’ is any training that your employer says you need to do. Whether you get paid for time spent on mandatory training can depend on your contract.
If you’re an employee or worker and started working for your employer after 6 April 2020 your written terms must set out the training that you must complete, including training the employer does not pay for.
So is training time work time and must it be paid?
The legislation that applies is the National Minimum Wage Regulations 2015, regulation 19, 27(1)(a), 46
Some employers are confused where training is provided outside normal working time as they sometimes suggest to the worker that such time falls outside of the work arrangement and is unpaid. This is a mistake, as a requirement placed upon a worker by their contract will form part of their work arrangement with the employer.
The time someone receiving training required by the employer is treated as working time for National Minimum Wage purposes.
Where a worker is attending training at a place outside of the normal place of work, it is not only necessary to consider the time spent attending that training but also any associated travelling.
So training time is working time and would need to be divided into pay for National minimum wage purposes to determine whether there is an underpayment and breach of NMW.
If you earn more than the National Minimum Wage
If you earn more than the National Minimum Wage, the time spent doing mandatory training might already be covered by your pay.
If the training is not during your normal working hours, check your employment contract to see if you’ll be paid for the time spent on training. Talk to your employer if you’re not sure.
If you earn less than the National Minimum Wage
If you earn the National Minimum Wage or close to it then your employer should pay you for time spent on mandatory training. This is because the pay received compared to the hours worked in the pay reference period might bring you below the National Minimum Wage.
What about deducting training costs when I leave?
If the employer is deducting money for mandatory training, the deduction must not take the employee’s final pay below the National Minimum Wage.
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PAYadvice.UK 27/3/2024