Should Training Outside of Working Hours Be Paid?

Introduction

With the growing use of online platforms and flexible learning, many employers are offering workplace training that can be completed remotely or outside of normal hours. But what happens when that training is mandatory? Should employees be paid for time spent learning in their own time?

This month, we spoke with Paula, our expert HR consultant to clarify the legal position, explore best practice, and help employers stay on the right side of the law.

We recently received a number of calls from clients asking whether they should pay their employees for mandatory workplace training expected to be completed outside of normal working hours.

What’s the legal position here?

Paula: It’s a very relevant question, especially as digital learning becomes more common. The legal position is quite clear: if training is mandatory, then any time spent completing it—even if outside contracted hours—should be treated as working time under the Working Time Regulations 1998.

So what does that actually mean?

Paula:  It counts towards total working hours, which is important for complying with the 48-hour working week limit (unless the employee has opted out).  

It must be paid if not doing so would reduce the employee’s average hourly rate below the National Minimum Wage (NMW) or National Living Wage (NLW).

Employers who don’t account for this could inadvertently breach minimum wage legislation, which can result in penalties and reputational damage.

National Minimum Wage and National Living Wage is a tricky area and we know it can catch employers out.  How can employers avoid breaching minimum wage rules with training time?

Paula:  That’s a really good question.  The answer is simple: by regularly monitoring hours and pay—especially for part-time, lower-paid, or younger staff—and ensure training hours don’t reduce average pay below NMW/NLW.

Induction training is integral to onboarding new recruits – do employers need to pay staff for induction training?

Paula:   We get asked this question so often!  Yes, always. Induction and onboarding are part of the employment relationship and should be paid.

With the modern way of working, does it make a difference whether the training is done online or in-person?

Paula: Not at all. The format doesn’t matter—what matters is whether the training is required. Whether it’s a webinar at home or in-person classroom training, if it’s compulsory, it’s working time.

We often get ask the question about the length of time the training course takes – what if the training is only an hour—do I still need to pay?

Paula: Yes. Duration doesn’t change the fact that mandatory training is working time.

What if an employer gives flexibility about when the training is done—does that change things?

Paula: Even if you allow employees to complete the training at a time of their choosing, if it’s still mandatory, then it should be considered working time. Flexibility in timing doesn’t remove the obligation to pay. Bear in mind, employers do always have the option of making appropriate arrangements for employees to complete their mandatory training during working hours.

Can employers offer time off in lieu (TOIL) instead of paying?

Paula: Yes, that’s perfectly acceptable—as long as it’s agreed in advance and well-documented. TOIL can be a practical solution, particularly for businesses that want to offer flexibility but still meet their legal obligations.

We’ve had a few clients ask what they should say to an employee who feels uncomfortable about doing training outside of working hours—especially if they’re not being paid. What’s the best advice for the employee in that situation?

Paula: Employees should start by raising the issue with their line manager or HR team. More often than not, it’s a misunderstanding that can be resolved quickly. This sort of frustration and potential conflict can be avoided by ensuring mandatory training is discussed during interview stage; where the employee will be required to undertake training (especially if they may need to do so outside of working hours) wherever possible they should be made aware at the earliest opportunity.

Another situation that’s come up recently—an employee asked their manager whether they could refuse to do training in their own time if it’s unpaid. Is that a reasonable stance?

Paula: If the training is compulsory, the employer has a responsibility to treat that time as working time—which means it should be paid or otherwise compensated. If the employer isn’t doing that, the employee has every right to raise the concern. Employers need to be mindful of their legal obligations here, particularly around fair treatment and pay compliance.

And what about part-time employees? One of our clients was unsure whether their part-time staff should be expected to complete the same amount of training as full-time colleagues.

Paula: That’s a great point. Training should be relevant to the employee’s role but also where possible, proportionate to their working hours. It’s not always appropriate to expect a part-time employee to do the same volume of training as someone working full time. Especially if it adds pressure or takes them over their usual hours without compensation.  That being said, where the training is mandatory, it must be completed.  This brings us back to clear communication so the employee is aware of expectations and how training may impact them.

Before we wrap up, what would your final piece of advice be for employers?

Final Thoughts

Paula: My final thought would be this: training is an investment, not just a tick-box exercise. If you’re asking employees to complete it, make sure the process reflects the value you place on their time and development.

Be transparent. Communicate clearly whether training is mandatory, and how it fits into their working time. Also explain how they’ll be compensated if it falls outside usual hours. Not only does this help you stay legally compliant, but it also builds trust and engagement.

It’s always better to have a clear policy in place rather than deal with confusion or complaints after the fact. A well-structured training approach shows that you value your people—and that goes a long way in today’s workplace.