Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How do you advertise these positions of employment do you make it clear there will be a two week training period that is unpaid please.
Hi Ben, I am not sure if the job advert mentions the two week training period, I would imagine that it doesn't
ok thank you please leave this with me I have an early evening meting and will get back to you later this evening with my advice on how to proceed with this.
Ok, thanks Ben.
Many thanks for your patience. This is somewhat of a legal grey area I'm afraid. Under law a worker is entitled to be paid for anything that constitutes 'working time'. This would obviously include normal working hours and any other time that is defined as working time under contract, such as paid overtime. If the contract is silent on whether training counts as part of working time, it would be for the employee to show that this was the case and they were entitled to be paid for that time.
When it comes to training and working time, Reg. 2(1) of the Working Time Regulations states that working time covers periods during which a person is receiving 'relevant training'. However this excludes training on a course run by an educational institution or training establishment.
In addition, the Government's Business Link advice service states that working time includes job-related training but does not cover evening classes or courses run by an external training provider.
Therefore, where a worker attends a training course which was not run by an external person or organisation whose main business was the provision of training, it would amount to working time and they should be paid for it.
If the course was run by an external person or organisation whose main business was the provision of training, the time spent training is unlikely to qualify as ‘working time’ and as such they would not normally be paid for it.
I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you
Many thanks for your response, satisfied! :-)
you are welcome all the best