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HMRC internal manual

National Minimum Wage Manual

From
HM Revenue & Customs
Updated
, see all updates

Working time: output work; training time

Relevant legislation

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 38
* before 6 April 2015; National Minimum Wage Regulations 1999, regulation 19

General

For a worker performing output work, the time when a worker is receiving training required by the employer is treated as working time.

For a NMW Officer, an 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 (NMWM08400).