Mandatory training time counts as working time, and charging staff for training can break minimum wage law. What care employers need to know.
The employer does, in almost every case. Time spent on employer-approved training counts as working time for National Minimum Wage purposes, and deducting training costs from pay is unlawful if it takes a worker's pay below the minimum wage. HMRC regularly names care employers who get this wrong.
Do care workers have to be paid for training time?
Yes. Under the National Minimum Wage Regulations 2015, training the employer has approved counts as working time. That includes induction and refresher courses, e-learning done at home, and travel between work and an external training venue during time the worker would otherwise be working.
Can an employer deduct training costs from wages?
Only if the deduction does not take pay below the minimum wage for that pay period. For care workers paid at or near the National Living Wage, almost any deduction for training will cause an underpayment. The government's minimum wage naming scheme lists both unpaid mandatory training time and training-cost deductions among the common reasons employers are caught out.
What about training repayment clauses?
Some contracts ask staff to repay training costs if they leave within a set period. These clauses face the same minimum wage test, and they rarely make sense for the mandatory training staff need simply to work safely. Take legal advice before relying on one.
What funding can help employers?
- The Learning and Development Support Scheme (LDSS), run by Skills for Care, can reimburse eligible training and qualifications, such as the Level 2 Adult Social Care Certificate, subject to eligibility and available funds.
- Apprenticeship funding may cover the Level 2 Adult Care Worker apprenticeship for eligible employers.
- Some content is free to access, such as Part 1 of the Oliver McGowan training.
Why does this matter beyond the law?
Paying for training, and paying staff to attend it, helps you keep them. Asking care workers to train in their own time or at their own expense is a quick way to lose them to a competitor.
This article is general information, not legal advice. Check GOV.UK's "Calculating the minimum wage" guidance or speak to an employment adviser.
