Mandatory Training UK: Employer Legal Guide

mandatory training

SECTION GUIDE

Mandatory training is a central component of UK workforce management. Employers use mandatory training to meet statutory obligations, satisfy regulatory requirements and ensure staff have the competence needed to carry out their roles safely and lawfully. In many sectors, the failure to provide training exposes the organisation to enforcement action, civil liability and reputational risk. In legal terms, mandatory training engages duties under health and safety law, including the Health and Safety at Work etc. Act 1974 and the Management of Health and Safety at Work Regulations 1999, as well as working time and pay protections under the Working Time Regulations 1998 and the National Minimum Wage framework. At an employment law level, mandatory training raises questions around pay, hours, contractual obligations, equality duties and disciplinary risk if employees do not attend or complete the required training.

What this article is about:
This article explains what counts as mandatory training in UK employment law, the legal framework governing training time, pay entitlement, working hours and employer obligations. It also examines how to manage mandatory training within contracts and policies, how to handle employees who refuse to attend and the rules governing cost recovery for training. A dedicated section addresses getting paid for mandatory training, setting out when payment is legally required, how statutory minimum wage rules apply and how pay rules differ for various employment types including apprentices, part-time workers and zero-hours workers. The guide is written for HR professionals and business owners who need clarity on compliance duties, risk areas and best practice when delivering mandatory training.

Employers often assume that calling something “training” gives them flexibility in whether to pay for it or require it outside normal hours. In practice, employment law treats mandatory job-related training as an extension of work, meaning time, pay and contractual rights must be considered with care. The Working Time Regulations 1998 generally treat required, job-related training as working time, while the National Minimum Wage and National Living Wage rules require employers to count mandatory training hours when assessing average hourly pay. Employee status also matters. Workers, zero-hours staff and apprentices are entitled to specific protections, while pre-employment training raises different questions about when the employment contract or worker relationship begins and whether training can lawfully be unpaid or recoverable.

The article also considers how best to communicate training expectations, how to avoid unlawful deductions and how to shape policies so that training requirements are clear and enforceable. For many employers, problems arise when training is described as “mandatory” but is delivered outside paid hours, or when training costs are recovered without lawful authority, contrary to the Employment Rights Act 1996 rules on deductions from wages. The guide highlights the importance of acting consistently with the ACAS Code of Practice, making reasonable adjustments under the Equality Act 2010 where necessary and ensuring that mandatory training is managed in a way that is both compliant and workable in practice. The aim of this guide is to provide a clear, structured and legally accurate framework for managing mandatory training across the organisation.

 

Section A: What Counts as Mandatory Training

 

Mandatory training is a broad term, but in UK employment law it has a specific meaning. Training is considered mandatory when the employer requires an employee or worker to complete it as a condition of performing their role safely, lawfully or in line with organisational policy or regulatory standards. The legal basis for mandatory training may come from statute, regulatory rules, industry norms or contractual obligations. HR teams must understand when training becomes “mandatory” because this determines whether employees must attend, whether employers must pay for the training and what happens if the employee refuses. It also underpins compliance with health and safety duties, equality obligations and protections against unlawful deductions from wages.

By contrast, training that is genuinely optional, purely developmental or undertaken for the individual’s own benefit and not required for the performance of their job will not ordinarily be treated as mandatory. Optional training may still be encouraged but will not usually attract the same working time and pay protections unless, in practice, it becomes a condition of doing the job or retaining the role.

 

1. Legal definition and scope

 

Mandatory training arises where the employer issues a reasonable and lawful instruction requiring attendance or completion of specified training, and where that instruction is connected to the individual’s duties. An employee’s obligation to follow lawful and reasonable instructions is implied into every employment contract. When training relates to the safe performance of duties, compliance with statutory obligations or the maintenance of professional standards, refusal is likely to amount to misconduct, provided the employer’s requirements are clear and reasonable.

Training can also be mandatory even if the organisation has not expressly labelled it as such. If the training is necessary for the employee to carry out their work, to meet regulatory expectations, or if performance assessments, pay progression or continued employment depend on completion, the law is likely to treat it as compulsory. Tribunals focus on the substance of the requirement and the practical consequences of non-attendance, rather than the terminology used in policies or communications.

Where training is required to comply with overarching health and safety duties under the Health and Safety at Work etc. Act 1974 and the Management of Health and Safety at Work Regulations 1999, or with equality and non-discrimination obligations under the Equality Act 2010 (for example, anti-harassment and equality training), it will generally be treated as mandatory because it is integral to the employer’s legal compliance.

 

2. Statutory and regulatory mandatory training

 

Some training is required directly by statute or by sector regulators. Health and safety law is the most common example. Employers must provide suitable health and safety training to ensure employees can perform tasks without undue risk, in line with the Health and Safety at Work etc. Act 1974 and associated regulations. Examples include manual handling, fire safety, display screen equipment assessments, safe systems of work and first aid awareness.

In regulated sectors, mandatory training is often prescribed or strongly directed by regulatory bodies. Employers in care, financial services, aviation, construction, legal services and education are typically required to deliver training that satisfies the standards of bodies such as the Care Quality Commission (CQC), the Financial Conduct Authority (FCA), the Solicitors Regulation Authority (SRA) or the Civil Aviation Authority. For example, CQC expectations on staff competence and training are underpinned by the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, while the FCA’s Training and Competence (TC) Sourcebook sets out competence requirements for certain financial services roles.

In these settings, training is not optional. Failure to provide it may result in sanctions, enforcement action, damaged regulatory relationships or the suspension of business activities. Where regulators or industry standards specify that certain training must be undertaken at defined intervals, HR and compliance teams should treat this as mandatory training for the purposes of policy drafting, scheduling and pay.

 

3. Contractual or policy-based mandatory training

 

Training also becomes mandatory where it is required by the employment contract, job description, onboarding materials or HR policies. Many employment contracts include obligations to maintain professional competence, to comply with policies and procedures or to complete training necessary for the role. If training is described in a staff handbook, training policy or professional development framework as compulsory, the employer must honour those provisions and employees are expected to comply, subject to reasonable adjustments where necessary.

Where training is tied to promotion criteria, performance reviews, pay progression or continued competence in the role, HR must ensure that the contractual wording and internal policies are clear and consistent. Ambiguity about whether training is “mandatory” can create disputes, particularly where the training is lengthy, expensive or delivered outside normal hours. Clear contractual authority also underpins the employer’s ability to recover training costs lawfully, as deductions from wages for training costs must comply with the Employment Rights Act 1996 and be supported by express written consent.

Part-time workers should not be treated less favourably than comparable full-time workers when it comes to access to mandatory training or pay for training time. Under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000, employers should design training arrangements so that part-time staff can attend on equitable terms, or are compensated appropriately if training falls outside their normal working pattern.

 

4. When optional training becomes mandatory

 

Employers sometimes frame training as “recommended” or “voluntary” but apply operational or managerial pressure that effectively makes attendance compulsory. If employees understand that failing to complete the course will affect their performance ratings, job security, pay progression, access to work opportunities or ability to perform the role, the training may be legally treated as mandatory. The key question is whether, in practice, an employee can refuse without adverse consequences.

Similarly, if the organisation is aware that the employee cannot safely or lawfully perform their role without the training, attendance becomes a reasonable management instruction, regardless of how the training was originally described. Where a “voluntary” course covers core health and safety, safeguarding, regulatory compliance or essential technical skills, it is likely to be regarded as mandatory in all but name.

Tribunals and regulators will look at the reality of the working relationship. If failure to complete certain training materially undermines an employee’s ability to meet contractual or regulatory standards, the training will be treated as mandatory, with corresponding implications for working time, pay and the handling of non-attendance.

 

Section A Summary

 

Mandatory training includes any training required by statutory duties, regulatory rules, employment contracts, workplace policies or operational necessity, including health and safety training under the Health and Safety at Work etc. Act 1974 and sector-specific requirements such as CQC or FCA standards. Even where employers do not explicitly call training “mandatory”, its purpose and impact may mean employees are legally required to attend, especially where refusal would affect performance, job security or legal compliance. At the same time, genuinely optional and purely developmental training that is not required for the role will not normally attract the same protections. Identifying which training falls into the mandatory category is the foundation for determining pay rules, working time considerations, equality obligations and the organisation’s approach to managing attendance and compliance.

 

Section B: Working Time, Pay and Hours Rules

 

Mandatory training has direct implications for working time and pay. UK employment law does not treat training as a separate category of activity; instead, mandatory job-related training is generally regarded as working time. HR professionals must understand how the Working Time Regulations 1998 (WTR), the National Minimum Wage framework, equality duties and contractual hours rules apply. Errors here often lead to underpayment, breaches of statutory rest requirements or disputes about the fairness of scheduling, particularly where training occurs outside normal hours or involves travel. Employers should also ensure that training arrangements do not disadvantage part-time workers, in line with the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000.

Optional or developmental training that is not required for the performance of the role will not usually count as working time unless, in practice, employees suffer adverse consequences for not attending. Assessing whether training is “required” or genuinely voluntary is therefore central to compliance.

 

1. When mandatory training counts as working time

 

Under the Working Time Regulations 1998, working time includes any period during which the worker is performing duties, receiving training or undergoing instruction required by the employer for the purposes of their job. This means that time spent attending mandatory job-related training is working time regardless of where the training takes place or whether it is delivered online, in person or through supervised practice. The fact that training is not productive work does not change its classification.

This classification is important because working time contributes to weekly limits, rest break obligations and the calculation of paid annual leave. Employers must therefore factor training time into rota planning, overtime thresholds and compliance monitoring. Time spent on required training must be counted when assessing whether overall pay meets National Minimum Wage (NMW) and National Living Wage (NLW) requirements. Even where employees are paid above the minimum wage, unpaid training risks pushing their average hourly pay below the statutory minimum when calculated across the pay reference period.

Equality considerations also apply. Employers must ensure that disabled employees can access mandatory training on an equal basis and consider reasonable adjustments to training formats, schedules or delivery under the Equality Act 2010.

 

2. Time spent travelling for mandatory training

 

Travel time can count as working time depending on the circumstances. For workers with a fixed workplace, normal commuting remains unpaid. However, travel undertaken to attend mandatory training at a location other than the usual workplace may constitute working time where the travel is necessary for the employee to undertake the required training and forms part of their employer’s instruction. Case law shows that this must be assessed on a case-by-case basis, particularly for workers whose duties are ordinarily fixed to one location.

For mobile workers, such as care workers or field technicians, mandatory training travel almost always counts as working time because travel is integral to the role. Employers must ensure that travel time combined with training time does not breach weekly working time limits or reduce pay below the minimum wage.

Travel undertaken outside normal hours may still constitute working time if the employee has no practical choice over when they travel due to the employer’s scheduling of the training. Employers should review travel and training arrangements carefully to avoid inadvertent breaches.

 

3. Mandatory training outside normal hours

 

Employers sometimes require training to be completed in the evenings, at weekends or outside standard shift patterns. While this can be lawful, it increases compliance obligations. If the training is mandatory and job-related, the time must be treated as working time, even if delivered outside the employee’s contracted hours. Employers should also consider whether requesting attendance outside normal hours could disadvantage part-time workers or create accessibility barriers for employees with disabilities or caring responsibilities.

Requiring mandatory training outside normal hours may also necessitate payment at the employee’s normal hourly rate unless the employment contract clearly authorises unpaid training or flexible scheduling that lawfully accommodates the time. Employers must preserve daily and weekly rest entitlements under the WTR and ensure that employees are not penalised for requesting lawful rest or raising compliance concerns.

 

4. Minimum wage implications

 

The National Minimum Wage (NMW) and National Living Wage (NLW) rules require employers to pay at least the statutory minimum for all hours of time work, including time spent on mandatory training. This applies to employees, workers, zero-hours staff and apprentices. For those paid at or near the minimum wage, unpaid mandatory training almost always breaches statutory pay rules. However, NMW compliance risks can also arise for higher-paid staff if extensive unpaid training time causes average hourly pay to fall below the legal threshold for the pay reference period.

For salaried hours workers, the hours allocated to mandatory training must be included when assessing whether their annual salary meets NMW/NLW thresholds. Employers should be cautious when relying on contractual flexibility clauses and ensure that working hours definitions accommodate training time. Accurate time recording is essential in defending HMRC audits.

 

Section B Summary

 

Mandatory job-related training generally qualifies as working time under UK law. Employers must therefore count it towards working time limits, rest entitlements, pay calculations and minimum wage compliance. Travel time for mandatory training may also qualify as working time depending on the role and context. Requiring training outside normal hours increases compliance risks, particularly for part-time workers and those close to the minimum wage. Employers who structure training carefully, maintain accurate records and apply consistent pay practices can reduce the risk of underpayment claims, WTR breaches and regulatory scrutiny.

 

Section C: Getting Paid for Mandatory Training

 

Payment for mandatory training is one of the most common areas of misunderstanding among employers. UK law draws a clear distinction between mandatory job-related training and training that is voluntary or primarily for the worker’s own benefit. Where the training is required for the performance of the role, for regulatory compliance or to meet health and safety duties, employers must ensure that pay arrangements comply with the National Minimum Wage and National Living Wage framework, the Employment Rights Act 1996 and contractual terms. Particular care is needed for apprentices, part-time staff, zero-hours workers and situations where training takes place before the individual’s formal start date.

Mandatory training cannot lawfully be framed as unpaid as a matter of policy. Unpaid mandatory training exposes employers to minimum wage breaches, deductions claims and grievances. HR teams must also assess whether the scheduling or format of training may disadvantage protected groups under the Equality Act 2010 and whether reasonable adjustments are needed to enable attendance.

 

1. Legal entitlement to pay for mandatory training

 

Where training is mandatory and job-related, the time spent completing it is treated as working time. As a result, employers must normally pay the employee at their usual contractual rate for the duration of the training. Even if the employment contract does not expressly mention training pay, the obligation arises because the individual is carrying out an activity required by the employer for the performance of their role. Employers cannot avoid their pay obligations by labelling training as “non-working activity” if attendance is compulsory.

The National Minimum Wage Regulations require that all hours of time work, including mandatory training, are paid at least at the National Minimum Wage or National Living Wage. This applies even where employees are paid above the statutory minimum but unpaid training reduces their average hourly rate below the threshold in the relevant pay reference period. HMRC enforcement action does not depend on employer intention; liability arises simply from underpayment.

Mandatory training examples that must be paid include:

  • online induction modules required before the first working day
  • health and safety courses required to perform the role
  • regulatory compliance training (for example, FCA or CQC requirements)
  • job-specific competence training required to retain the role

 

 

2. Apprentices, casual staff and zero-hours workers

 

Apprentices must be paid for all mandatory training time, including the minimum off-the-job training required under the Apprenticeships, Skills, Children and Learning Act 2009. Mandatory training cannot lawfully be unpaid for apprentices, and employers must ensure that all off-the-job training hours are recorded and paid at the appropriate statutory rate or above.

Zero-hours workers, casual workers and agency workers also qualify for pay when training is mandatory. A worker’s irregular hours or contingent status does not change the employer’s responsibility to pay for mandatory training undertaken as part of an assignment. Attempts to position mandatory training as unpaid “pre-assignment preparation” are unlikely to meet legal standards if the worker cannot perform the assignment without completing the training.

For part-time workers, employers must avoid less favourable treatment by ensuring that mandatory training is either scheduled within their normal working pattern or paid as additional time. Employers should consider whether alternative training times or formats are needed to avoid indirect discrimination risks.

 

3. New starters and pre-employment mandatory training

 

Pre-employment training raises questions about when the employment or worker relationship begins. A person is entitled to minimum wage once they are a “worker”, and a worker relationship may begin before the formal start date if the employer requires the individual to undertake activities integral to the role. Where the completion of training is a condition of employment and the organisation would not allow the individual to start work without it, the training is mandatory and should normally be paid.

Unpaid pre-employment training is lawful only where the training is genuinely optional and not a condition of employment. If the employer requires training to be completed as a prerequisite to onboarding or regulatory compliance, pay should be issued for the hours spent undertaking it.

Employers seeking to recover the cost of pre-employment training must ensure that any repayment provisions comply strictly with the Employment Rights Act 1996 (particularly sections 13–15). Deductions for training costs may only be made where the employee has provided express written consent before the deduction is applied. Repayment structures should reflect genuine employer cost and avoid operating as penalties.

 

4. Employee refusal to attend unpaid mandatory training

 

If training is mandatory, employers should not require attendance on an unpaid basis. Doing so exposes the organisation to minimum wage breaches and undermines the reasonableness of instructing the employee to attend. An employee may lawfully refuse to attend compulsory training if the employer insists that it is unpaid, as the instruction would no longer be considered reasonable or lawful under contractual principles.

Where an employee refuses to attend paid mandatory training without good reason, the employer may treat this as a failure to follow a reasonable management instruction. Before beginning a disciplinary process, employers must consider any legitimate obstacles—such as disability-related reasons requiring reasonable adjustments, caring responsibilities, lack of notice or scheduling conflicts—and must follow the ACAS Code of Practice when taking formal action.

 

Section C Summary

 

Employees, workers, apprentices, part-time staff and zero-hours workers are generally entitled to be paid for all mandatory job-related training. Payment obligations apply even when training occurs outside normal hours or before employment formally begins. Unpaid mandatory training risks minimum wage breaches and undermines the employer’s ability to enforce attendance fairly. Lawful practice requires clear contractual terms, express written consent for any cost recovery, accurate time recording and consistent, non-discriminatory arrangements for all categories of staff.

 

Section D: Managing Non-Compliance and Training Costs

 

Managing mandatory training extends beyond pay and working time compliance. Employers must also consider how to respond when employees fail to attend required training, how to recover training costs lawfully and how to maintain accurate records for audit and regulatory purposes. Clear processes reduce disputes and support consistent HR decision-making. Without firm contractual authority and well-drafted policies, employers risk unlawful deductions, discrimination issues, avoidable grievances or regulatory breaches. Compliance also demands awareness of the ACAS Code of Practice and the Equality Act 2010, both of which influence how employers should fairly address training-related issues.

Employers should clearly distinguish between mandatory training, which underpins lawful and safe performance of the role, and optional training, which is genuinely voluntary. Where training is required, enforcing attendance must be done in a way that is legally defensible, transparent and consistent.

 

1. Handling employees who refuse mandatory training

 

Employees are required to follow lawful and reasonable management instructions. If the training is necessary for their role, mandated by regulatory requirements or required for health and safety compliance, refusal may constitute misconduct. Before taking formal action, employers should establish the reason for the refusal, ensure that the training is genuinely mandatory and job-related, and confirm that pay and working time arrangements comply with the law.

When an employee raises concerns about training, employers must consider whether reasonable adjustments are required under the Equality Act 2010. Examples include adapting online modules, allowing additional time, amending schedules, or providing alternative formats for employees with disabilities. Employers must also consider the position of part-time workers and ensure they are not disadvantaged where training falls outside their standard hours.

Where refusal cannot be justified and reasonable adjustments have been considered, employers may begin disciplinary action in line with the ACAS Code of Practice. The employer should ensure that the instruction to attend training is documented, supported by policy or contract, and necessary for lawful and safe performance of the role.

 

2. Charging employees for mandatory training

 

Employers sometimes seek to recover the costs of training, particularly where the training is expensive or provides the employee with a transferable qualification. However, the Employment Rights Act 1996 strictly regulates deductions from wages. Any deduction for training costs must be authorised by a written agreement signed by the employee before the deduction is made, and the terms must be clear and transparent.

If the training is mandatory solely for the employer’s benefit—such as health and safety or core regulatory training—attempts to recover costs may be unreasonable or challengeable. Employers have stronger grounds to recover costs where the training provides a recognised qualification or portable skill that benefits the employee beyond the role, but repayment provisions must still comply with ERA 1996 and avoid operating as penalties. Repayment schedules should reduce over time in a proportionate manner that reflects genuine employer cost.

Employers should also consider fairness and equality impacts when recovering costs. For example, recovery terms should be applied consistently and not in a way that disproportionately disadvantages part-time staff or those with protected characteristics.

 

3. Record-keeping and evidence for compliance

 

Accurate record-keeping is essential to demonstrate compliance with working time, minimum wage and regulatory requirements. Employers should maintain a comprehensive record of:

  • mandatory training completed by each worker
  • the date, duration and format of training
  • attendance outcomes and any certificates or qualifications obtained
  • time spent travelling for mandatory training
  • all costs associated with the training
  • any written consent for repayment arrangements under ERA 1996

 

These records support compliance with regulators such as the CQC or FCA, enable employers to defend themselves in grievances or tribunal claims and ensure accuracy during HMRC minimum wage audits. Without adequate documentation, employers may find it difficult to demonstrate lawful pay practices or defend allegations of unfair treatment.

 

4. Best practice for employer HR policies

 

A well-drafted training policy is central to effective management of mandatory training. Policies should clearly define which training is mandatory, the rationale for each requirement, and how employees will be paid for attending training sessions. Employers should also explain how training is scheduled, what employees must do if they cannot attend, and how non-compliance will be handled.

Policies should also set out when and how training costs may be recovered, with repayment schedules that comply with ERA 1996 and avoid disproportionate or punitive effects. Employers should ensure that policies are aligned with equality law, offering reasonable adjustments where needed, and that line managers understand how to apply the policy consistently and lawfully.

Clear communication during induction and periodic refresher briefings helps to ensure that employees understand which training is mandatory and what is expected of them. Ambiguity in policy documents often leads to disputes, grievances or inconsistent enforcement.

 

Section D Summary

 

Effective management of mandatory training requires lawful processes for cost recovery, strong contractual authority, robust record-keeping and a clear, well-communicated policy framework. Employers who consistently apply equality principles, follow the ACAS Code and maintain accurate records are better positioned to enforce training requirements fairly and defend against regulatory scrutiny or employee claims. By treating mandatory training as a core compliance function rather than an administrative exercise, HR teams can support safer, more compliant and more consistent workplace practices.

 

FAQs

 

1. Is mandatory training paid in the UK?
In almost all circumstances, yes. If the training is mandatory and job-related, the time spent completing it counts as working time. Employers must therefore pay at least the employee’s normal rate unless contractual terms clearly and lawfully provide otherwise. The National Minimum Wage and National Living Wage rules require that mandatory training hours are included in pay calculations. Even higher-paid employees may trigger breaches if unpaid training reduces their average hourly pay below statutory thresholds.

2. Can employers require training outside normal working hours?
Employers may schedule mandatory training outside normal working hours where the contract allows for flexible hours or where rescheduling is reasonably necessary. However, the time remains working time under the Working Time Regulations, meaning it must be paid appropriately and count towards rest break entitlements. Employers must also consider whether such scheduling disadvantages part-time workers or creates barriers for employees with disabilities, in which case reasonable adjustments may be needed.

3. Can an employee refuse to attend mandatory training?
Employees are generally required to follow lawful and reasonable management instructions. Refusal to attend mandatory training may therefore amount to misconduct. However, if the employer insists on unpaid attendance for training that must legally be paid, refusal may be justified. Employers should investigate the reasons for refusal, consider reasonable adjustments and follow the ACAS Code of Practice before taking disciplinary action.

4. Do zero-hours workers get paid for mandatory training?
Yes. Zero-hours and casual workers must be paid for time spent undertaking mandatory training linked to an assignment. Their contingent status does not remove the employer’s responsibility to pay for time work. Mandatory training cannot lawfully be used as unpaid onboarding or as a prerequisite for offering future shifts.

5. Can employers claw back mandatory training costs if someone leaves?
Cost recovery is lawful only where authorised by an employment contract or written agreement compliant with sections 13–15 of the Employment Rights Act 1996. Repayment structures must be clear, proportionate and reflect genuine employer costs. Clauses must not operate as penalties, and repayment schedules should reduce over time. Employers should avoid recovering costs for training that is essential solely for the employer’s benefit (for example, core health and safety training).

 

Conclusion

 

The legal framework around mandatory training requires employers to approach training requirements with clarity, consistency and precise contractual drafting. Mandatory training is not merely an operational preference; it is a core compliance obligation that engages health and safety law, equality legislation, working time rules and statutory pay protections. When training is compulsory and job-related, employers must treat the time as working time, ensure that National Minimum Wage and National Living Wage thresholds are met and structure training in a way that does not disadvantage part-time workers or those who need reasonable adjustments under the Equality Act 2010.

A structured approach to drafting contracts and training policies helps employers define which training is mandatory, when it must be completed and how attendance will be scheduled and paid. Clear communication at induction and throughout employment provides a defensible basis for managing non-attendance. Employers who ensure that training requirements are backed by contractual authority, pay provision and lawful cost recovery clauses are better placed to enforce those requirements fairly, in line with the Employment Rights Act 1996 and the ACAS Code of Practice.

Robust documentation, accurate time and attendance records, and consistent policy enforcement are central to demonstrating compliance to regulators, defending HMRC audits and responding to grievances or tribunal claims. By understanding the legal rules governing mandatory training and implementing clear internal processes, HR professionals and business owners can manage training obligations effectively, reduce legal and regulatory risk and support a safer, more competent and compliant workforce.

 

Glossary

 

Mandatory trainingTraining an employer requires an employee or worker to complete in order to perform their role safely, lawfully or in line with organisational or regulatory requirements.
Working timeAny period during which an employee or worker is carrying out duties or mandatory job-related training, as defined under the Working Time Regulations 1998.
National Minimum Wage (NMW) / National Living Wage (NLW)The statutory minimum hourly rates employers must pay for time work, including hours spent on mandatory training.
Reasonable management instructionAn instruction from an employer that employees are contractually obliged to follow, provided it is lawful and reasonable. Refusal may constitute misconduct.
Contractual authorityThe basis within an employment contract or signed agreement enabling employers to require training, vary working hours or recover training costs lawfully.
Cost recoveryA lawful process by which an employer reclaims training expenses from an employee, permitted only where authorised by contract or written agreement and compliant with the Employment Rights Act 1996.
Pre-employment trainingTraining required before an employee’s formal start date. Where completion is a condition of employment, it will usually attract pay obligations because a worker relationship has effectively begun.
Apprentice rateThe reduced statutory pay rate that applies to eligible apprentices, requiring payment for all mandatory off-the-job training as part of the apprenticeship.
Zero-hours workerA worker with no guaranteed hours who must still be paid for mandatory training undertaken in connection with an assignment.
Regulated sector trainingTraining required by industry regulators (such as the CQC, FCA or SRA) to ensure compliance, competence and safe operation in regulated industries.
Part-time workerAn employee or worker who works fewer hours than a comparable full-time worker and is protected from less favourable treatment under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000.
Reasonable adjustmentsChanges an employer must make under the Equality Act 2010 to remove barriers that put disabled employees at a substantial disadvantage, including adjustments to mandatory training.
ACAS Code of PracticeGuidance setting out minimum standards of fairness for disciplinary and grievance procedures, relevant when dealing with refusal or failure to complete mandatory training.

 

Useful Links

 

GOV.UK – Working Time Regulations guidancehttps://www.gov.uk/working-time-regulations
GOV.UK – National Minimum Wage and Living Wagehttps://www.gov.uk/national-minimum-wage
ACAS – Training and development guidancehttps://www.acas.org.uk/training
Health and Safety Executive – Training and competencehttps://www.hse.gov.uk/competence
CQC – Staff competency and training expectationshttps://www.cqc.org.uk
FCA – Training and Competence (TC) Sourcebookhttps://www.handbook.fca.org.uk/handbook/TC
SRA – Continuing competence requirementshttps://www.sra.org.uk/solicitors/resources/cpd/solicitors/

 

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Anne Morris

Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.She is recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.
Picture of Anne Morris

Anne Morris

Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.She is recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.

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