Who Pays for Statutory and Mandatory Training?

Most people assume the answer to this question is simple: the employer. In most cases, that is broadly right. However, upon closer inspection, the issue becomes more nuanced. "Paying for statutory and mandatory training" can mean two different things: who covers the cost of the course itself, and whether staff should be paid for the time they spend completing it. Those are related questions, but they are not the same.

That distinction matters because statutory and mandatory training is not optional development. In regulated sectors, it supports safe practice, legal compliance, workforce assurance and service quality. If staff must complete training to do their jobs safely and properly, employers should not treat it as an afterthought or something that can simply be squeezed into unpaid gaps in the rota. They need a clear, fair and defensible approach.

In this blog, Dr Richard Dune explains who usually pays for statutory and mandatory training in the UK, when staff should expect to be paid for training time, what employers must put in writing, and what organisations should do to avoid disputes, inconsistent practice and minimum wage risk. The short answer is this: if the training is required for the role, employers should normally fund it, plan the time properly, and make the arrangement explicit.

What does "paying for statutory and mandatory training" actually mean?

Before answering the main question, it helps to separate the issue into two parts.

1. Who pays for the training itself?

This includes the direct cost of required training, such as course fees, e-learning licences, trainer time, internal delivery costs, administration, assessment and, where relevant, travel or venue costs.

2. Who pays for the time spent completing the training?

This is the question staff often mean in practice. They want to know whether time spent on compulsory training is paid, especially when learning takes place outside rostered hours, on a rest day, during induction, or at home.

The two issues are often blurred together, which is why confusion arises. An employer may pay for the course itself, but still create risk if staff are expected to complete required training in their own time without a lawful and fair arrangement.

Who usually pays for statutory and mandatory training?

In most cases, the employer should pay for statutory and mandatory training required for the role. That is the most practical and defensible starting point. If the training is necessary for staff to work safely, meet legal duties, comply with organisational policy, or satisfy regulatory expectations, it is part of the cost of running the service properly.

This is especially relevant where organisations require training in areas such as health and safety, safeguarding, fire safety, infection prevention and control, moving and handling, information governance, basic life support, or other job-related, risk-based subjects. In those cases, the employer is not funding optional enrichment. It is funding a compliance and service-delivery requirement. For broader definitions, see our guide to the difference between statutory and mandatory training.

In practice, employers should therefore expect to cover:

• Course or licence fees

• Trainer, assessor or facilitator costs

• Internal administration and quality assurance

• Access to learning systems

• Reasonable time allocation for completion.

That does not mean every arrangement across every workforce will look identical. Salaried roles, hourly-paid staff, bank workers, agency staff and apprentices may have different contractual arrangements. But as a general rule, employers should not routinely push the cost of required training onto staff.

Should staff be paid for the time spent doing mandatory training?

Usually, yes. Where training is required by the employer, the time spent receiving that training is generally treated as working time for minimum wage purposes. His Majesty's Revenue and Customs (HMRC) National Minimum Wage Manual states that, for time work, time spent receiving training required by the employer counts as working time. It also says employers sometimes wrongly assume that training outside normal hours falls outside the work arrangement, when in fact a contractual requirement can still make it working time.

Advisory, Conciliation and Arbitration Service (ACAS) guidance reinforces the same principle from a practical employment perspective. It states that if someone earns the minimum wage or close to it, the employer should pay them for time spent on mandatory training so that their pay does not fall below the minimum wage. ACAS also notes that employers should pay for mandatory training required for the job.

This is where employers need to be especially careful. If workers are told to complete compulsory training outside normal hours without pay, the organisation may create minimum wage risk, particularly for lower-paid or hourly-paid staff. Even in salaried roles, employers should still think carefully about fairness, fatigue, staff well-being and whether the expectation is realistic. Repeatedly relying on unpaid personal time for essential compliance learning is usually a sign of weak workforce planning rather than good governance. For a more operational view, see our blog on improving statutory and mandatory training in the UK.

What must employers put in writing?

This is one of the clearest points in current UK guidance. The GOV.UK website states that the written statement of employment particulars must include obligatory training and whether or not this is paid for by the employer. That requirement applies to workers and employees who are entitled to a written statement. ACAS also explains that the written statement includes the main terms of employment and that workers starting on or after 6 April 2020 have this right.

In practice, that means employers should not leave this issue vague. Contracts, written particulars and training policies should make clear:

• Which training is compulsory?

• Whether training time is paid or treated as included within salary

• Whether training is expected during normal working hours or outside them

• Whether travel or other expenses are reimbursed

• Whether any repayment terms apply if training costs are to be recovered later.

Clear documentation protects both the employer and the worker. It reduces misunderstandings, supports consistent treatment across teams, and makes it easier to manage disputes if someone later challenges whether they should have been paid for training time or charged for a course. This blog also sits closely alongside the wider responsibilities theme covered in our cluster page on employer and employee responsibilities for mandatory training.

What if someone earns more than the National Minimum Wage?

Where staff are paid comfortably above minimum wage, employers sometimes assume that training outside normal hours is already covered by salary. In some roles, the contract may indeed say that certain required training is part of the overall remuneration package. Even then, employers should not become complacent.

A lawful arrangement is not always the same as a well-managed one. If salaried staff are routinely expected to complete large volumes of mandatory training in the evenings, on days off, or without protected time, the organisation risks creating resentment, fatigue, and poor engagement. The issue then becomes one of fairness, workload and governance rather than minimum wage alone. ACAS guidance on inductions also states that workers have the right to be paid for any hours they work from the first day of employment, including time spent on induction. That is particularly relevant where safety-critical induction learning forms part of onboarding.

A better approach is to plan required training as work. Where out-of-hours completion is genuinely unavoidable, employers should use a clear and consistent method, such as agreed paid time or time off in lieu, rather than relying on vague expectations.

What if someone is on or near the National Minimum Wage?

This is where the risk becomes sharper. ACAS explains that the minimum wage is calculated based on gross pay and the hours someone worked during the pay reference period. It also notes that some tasks count as working time for minimum wage calculations, including travel to training. GOV.UK guidance adds that if training is a requirement of the employment or is imposed by the employer, any charge made, whether by deduction or as an unreimbursed payment, will reduce the worker's pay for minimum wage purposes.

The practical message is straightforward: for lower-paid staff, employers must carefully handle compulsory training time and training-related costs. If they do not, the result may be an avoidable minimum-wage breach.

Can employers require staff to do training in their own time?

They can set expectations through contracts and policies, but that does not eliminate the need for fairness or compliance. HMRC's guidance makes clear that where training is required under the contract, the fact that it takes place outside normal working time does not automatically take it outside the work arrangement. ACAS guidance also addresses minimum wage considerations when mandatory training is involved.

In practice, if training is essential for safe service delivery, it should be planned like work. That means clear deadlines, access to systems, reasonable workload expectations, support for staff who need adjustments, and a documented follow-up process. If organisations routinely expect workers to complete required learning "in their own time", they often end up with inconsistent completion, superficial learning, avoidable resentment and weaker inspection evidence. Providers seeking to structure this more effectively may also find it useful to consult our CQC inspection readiness guidance and the broader online statutory and mandatory training programmes.

Who pays for agency, bank, locum and temporary staff training?

This is where arrangements become more variable. The original MTG blog rightly noted that agency and bank workers often complete the same statutory and mandatory training as permanent staff, but the contract may differ in who pays and how training time is handled. GOV.UK guidance says agency workers have worker rights from day one and may qualify for equal treatment, including equal pay, after 12 weeks in the same role with the same hirer. GOV.UK also states that recruitment agencies cannot charge a fee for finding or trying to find work, although they can charge for certain services, such as training, if the worker agrees and has cancellation rights.

From a provider perspective, the real question is not just who paid for the training, but whether the organisation can evidence that the temporary worker is trained and competent for the duties they are being asked to perform. If that cannot be evidenced reliably, higher-risk tasks should be restricted. This matters particularly in care homes, supported living, domiciliary care and general practice. For setting-specific context, see our blogs on training requirements for GP practices and statutory and mandatory training for care homes.

Can employers recover training costs if someone leaves?

Sometimes, yes, but only within clear legal limits. ACAS states that employers can deduct money for training costs from wages if this is agreed in the contract or in writing beforehand. It also states that if the deduction relates to mandatory training, it must not take the employee's wages or final pay below the National Minimum Wage. HMRC's minimum wage guidance similarly explains that payments or deductions connected to mandatory training can reduce National Minimum Wage pay.

This means repayment clauses should be used cautiously. They should be transparent, proportionate and specific. They should not be used casually to recoup the cost of core compliance training required by the employer for its operational needs.

What should employers do in practice?

A defensible employer approach usually includes six things.

1. Distinguish required training from optional development

Required statutory and mandatory training should normally be employer-funded and properly planned. Optional CPD or career development may be treated differently.

2. Treat required training as planned work

Build it into induction, rotas, refresher cycles and supervision, rather than relying on unpaid personal time.

3. Make the rules explicit

Use written particulars, contracts and policies to state what training is required and whether the employer pays for it.

4. Protect lower-paid workers from wage risk

Where staff are on or near minimum wage, unpaid training time and deductions require particular care.

5. Keep agency arrangements clear

Where temporary staff are used, ensure the contract and deployment process makes training and competence expectations explicit.

6. Keep evidence organised

A strong system links the training matrix, completion data, competence evidence, and wider governance processes. Organisations seeking a more joined-up approach can explore ComplyPlus™ regulatory compliance management software, ComplyPlus™ LMS, ComplyPlus™ CQC compliance system and the wider range of CPD-accredited online courses.

FAQs about who pays for statutory and mandatory training

Below are some of the most frequently asked questions and answers regarding who pays for statutory and mandatory training.

Who normally pays for statutory and mandatory training?

In most cases, the employer should pay for the training required for the role.

Should staff be paid for time spent doing mandatory training?

Usually, yes, especially where the training is required by the employer and counts as working time.

Must compulsory training be included in writing?

Yes. Written particulars must include obligatory training and whether or not it is paid for by the employer.

Does mandatory training count as working time?

Often yes, particularly where it is required under the contract or imposed by the employer.

Can unpaid training create minimum wage risk?

Yes. This is a recognised risk, especially for lower-paid staff.

Can an employer ask staff to train on a day off?

They can set expectations through contracts and policies, but fairness, workload, and wage compliance still matter.

Are agency workers treated differently?

Arrangements vary, but providers still need evidence that temporary staff are trained and competent.

Can employers deduct training costs from final pay?

Sometimes, but only where agreed in advance and not below minimum wage.

Is induction time paid?

Yes. ACAS states that workers have the right to be paid for any hours they work from day one, including induction time.

What is the biggest mistake employers make?

Treating required training as something staff should somehow complete in their own time without proper planning, pay clarity or governance.

Who pays for mandatory and statutory training?

Training costs can affect budgets, onboarding, and compliance planning, so it is important to understand where responsibility typically lies.

Quick decision table for employers

A simple decision table helps employers apply the right training approach consistently across different roles, risks and compliance requirements.

Practical governance takeaway

Effective training governance depends on clear responsibilities, accurate records and evidence that learning supports safe, compliant practice.

Conclusion

So, who pays for statutory and mandatory training? In most cases, the employer should pay for the training required for the role and should plan the time needed to complete it properly. Where contracts say that some training time is included within salary, employers still need to ensure the arrangement is clear, fair and workable. For lower-paid staff in particular, compulsory training time and training-related deductions can pose a real minimum wage risk if handled poorly.

The wider point is that paying for statutory and mandatory training is not just a payroll issue. It is part of workforce governance, compliance and service safety. Organisations that handle it well are more likely to achieve higher completion rates, greater engagement, and stronger assurance when their training systems are scrutinised.

Build a fairer and more defensible training approach

If you are reviewing how your organisation funds, plans and evidences required training, explore our health and social care e-learning options, CSTF statutory and mandatory training options, and wider CPD-accredited online courses. You can also view our CPD Certification Service provider profile as part of our wider quality approach. To discuss your organisation's needs in more detail, please contact our team for tailored support.