Who pays for statutory and mandatory training?

Many people ask us various questions about statutory and mandatory training. One of the most common questions is ‘Who pays for statutory and mandatory training?’. Most health and social care workers expect to get paid for mandatory training. However, it’s not always the case.

In this blog, Dr Richard Dune addresses the issue of payments for attending statutory and mandatory training.

Guidance for all employers

It is expected that all employees must complete statutory and mandatory training relevant to their specific job roles. The employer decides which training courses must be delivered, when and how.

Whether employees get paid or not for attending mandatory and statutory training courses depends on their contract. For all employees who started working for their employer after 6 April 2020, employers must give them written terms (contract) that specify the training they must complete. They should also specify which training courses the employer does not pay for.

All employees must refer to their employment contract to know which courses they are expected to do and whether or not their employer pays for the training.

Employees earning more than the national minimum wage

For employees who earn more than the national minimum wage, your pay might already cover the time spent doing statutory and mandatory training.

Where training is not included in the normal working hours, employees must check their employment contract to establish whether they will be paid for the time spent on training. If unsure, staff members should talk to their employer or line manager.

Employees earning less than the national minimum wage

For employees earning less than the national minimum wage or close to it, the employer must pay for the time spent attending statutory and mandatory training. The reason for this guidance is that the pay received compared to the hours worked in the pay reference period might bring the worker below the national minimum wage.

All employees must familiarise themselves with the guidance on national minimum wage entitlement.

Statutory and mandatory training for agency and bank workers

To ensure that they work safely and effectively, agency and locum workers must undertake similar mandatory and statutory training as that completed by permanent staff. The same also applies to temporary and bank workers. In most cases, temporary staffing agencies provide pay for mandatory and statutory training for agency workers. However, agency workers are usually expected to self-fund any further career development.

The temporary work agency contract should specify whether the agency will pay for statutory and mandatory training. However, agency and bank workers do not have the statutory right to request time off under the government's guidance or paid time off to study.

Conclusion

The employer must pay for statutory and mandatory training courses relevant to the employee's job. However, whether or not they get paid during that time will depend on their employment contract. 

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Overall, all employers must ensure their employees are up-to-date with relevant training to fully equip them with the knowledge and skills to do their roles and responsibilities effectively.

Key insights on statutory and mandatory training compliance

The recent emphasis on statutory and mandatory training underscores its critical role in ensuring that employees possess the necessary knowledge and skills to meet their job responsibilities effectively. By adhering to such training requirements, employers not only fulfil their legal obligations but also contribute to the overall quality and accountability within their organisations. This commitment to training enhances employee performance and supports a culture of continuous improvement.

Click here to see online courses and resources that will help you plan for your organisation’s statutory and mandatory training.

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If you have any questions or require a personalised training plan, please fill out our form, and we will assist you in preparing for these essential changes.