TRAINING - 22.09.2022

Is workplace training paid for?

Some analysis

According to Digits, which has analysed thousands of Google queries about workplace training and development in the UK over the past twelve months, the most common question searched related to an employee’s entitlement to pay when undertaking work-related training.

There are hundreds of results for this query, but what’s the correct answer?

At your request

In a nutshell, whenever you need an employee to undertake training that’s mandatory for their job role, e.g. it’s a legal requirement, or you request that they undertake some form of training, they should be paid for all time spent on it.

This applies even if the work-related training takes place outside of their normal working hours.

Pre-training study

In some cases, your employees may need to undertake some pre-training study, e.g. reading training materials, or getting up to speed on certain information so that all training course participants are at the same starting point.

Where this need arises, that pre-training study counts as working time and the employee should be paid it.

If the pre-training study can’t be accommodated during the employee’s normal working hours (which it often can’t be in smaller employers), and they undertake it in their own time, then the employee should either be paid or granted time off in lieu for the time spent on the pre-training study.

Time off in lieu dangers

Whilst it may seem the preferable option, there are some dangers in allowing the accumulation of time off in lieu. The first is that it will be difficult, perhaps impossible, to keep track of what the employee actually did. Plus, as we all learn at different rates, it could be impossible to challenge someone who seemed to take rather a long time over it. This may also be discriminatory.

So, our advice is to only use the time off in lieu option if you absolutely have to.

At their request

Sometimes, an employee will request that training is provided. If it’s needed for them to do their job role, or it would be beneficial, you also have to pay them for all time spent on that training.

On the other hand, if the employee requests time off for training or study that isn’t required for them to carry out their job role and you agree to their request, they’ve no right to be paid.

Tip. Employees who are expected to undergo work-related employment training should have a clause in their contract which clearly spells out what’s expected of them during this time, e.g. travel away from their normal place of work (see The next step ).

For a training requirement clause, visit https://www.tips-and-advice.co.uk , Download Zone, year 24, issue 17.