Sorry my connection dropped earlier. All workers have the right to be paid at least the National Minimum Wage, which for those 25 and older, is currently £7.20 per hour. This is that they must receive taking into account the hours they work and the total pay they get. So in essence, if he gets paid weekly then you need to calculate all the hours he has worked and the pay he has received for them and ensure that the average hourly rate is at least the NMW rate of £7.20 per hour.
They key is what amounts to working time. 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 training that is outside normal working hours but is nonetheless job-related, the time would count as working time and he 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 he would not normally be paid for it.
This is your basic legal position. I have more detailed advice for you in terms of the options he has on challenging this, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you