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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I have been told that I have to go an a training course on

Resolved Question:

I have been told that I have to go an a training course on food hygiene by my employer. I have been working for the Company for 18 years. Do I have to pay for my transport to a training venue as a carer?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Does your contract say anything about doing such training?

Ben Jones :

Hi, not sure if you saw my initial query above - Does your contract say anything about doing such training? Also are you an employee or self employed?

Customer:

Hi Ben,

Customer:

Just to say I work in care home in the UK. I am an employee, with no formal contract but I have been given an Employee handbook, covering a number of items such as sickness wages and disciplinary action. However there apears to be nothing specific about training.

Ben Jones :

Hello, generally when an employee is expected to go on a work-related course they can expect their employer to reimburse them for any associated costs, such as travel, accommodation, etc. This would be the case unless your contract specifically states that you are responsible for such costs. In the absence of such specific clauses it would be implied that the employer would be paying for the associated expenses because they would be incurred in the course of the employment and at the employer’s request.


 


The position is slightly different in terms of actually getting paid for attending the training. Some employees believe they should get paid for attending any work-related training course but that is not always the case.


 


In fact, 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 that is outside normal working hours but is nonetheless job-related, the time would count as working time and you should be paid for it. However, this is only on the proviso that the course was not run by an external person or organisation whose main business was the provision of training.


 


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 you would not normally be paid for it.


 


Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

I AMS

Ben Jones :

Hi not sure if your full response got through, all I can see is "I AMS"?

Customer:

I am still not sure. I will be going on an external training course on a day I would be working

Ben Jones :

if it is a normal working day and your contract does not say you can be asked to go on an unpaid training course during working time you should still be paid for that time - the above only applies if you go on training outside of normal working hours - during working hours you still have the right to be paid

Customer:

Thanks very much Ben, That was really helpful

Ben Jones :

you are most welcome, all the best

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