Working time: salaried hours work; training time
The legislation that applies to this page is as follows:
For pay reference periods commencing
* on or after 6 April 2015; National Minimum Wage Regulations 2015, regulation 19 & 27(1)(a) * before 6 April 2015; National Minimum Wage Regulations 1999, regulations 16(5), 22(3)(d) and 22(4)(b)
The time when a worker performing salaried hours work is receiving employer required training will generally fall to be treated as worked within their basic hours (NMWM08030) and included (i.e. treated as working time) when considering whether excess hours have been worked (NMWM08110).
Such training is often provided at or near a place of work during normal working time so employers have little difficulty in treating such time as hours worked. However, some employers experience confusion where training is provided outside normal working time as they suggest that such time falls outside of the work arrangement. This is a mistake, as a requirement placed upon a worker by their contract will form part of their work arrangement with the employer.
For a NMW Officer, the important factor when considering training time is to determine whether the worker is required to undertake the training under their contract. Whether the employer has provided payment for time spent training or paid for the training itself may be indicative but not necessarily deciding factors. Where it is not clear whether training falls within the arrangements of the employment then the deciding factor should be whether the training is wholly or mainly in connection with the work and whether it is “approved” in some manner by the employer.
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 (NMWM08200) as part of the excess hours consideration.