Start with the course requirement and the pay period
If your employer requires a course, online module or assessment and says the time is unpaid, do not assume the answer from the words “training,” “zero-hours,” or “voluntary.” The National Minimum Wage (NMW) rules count some training time, but the calculation depends on the kind of work you do and the arrangement with the employer. A course that is required under your contract or approved by the employer can raise a different question from optional learning you choose to do for yourself.
This guide is for workers in England checking employer-required training alongside ordinary shifts. It explains how to assemble the facts and where the official rules differ. It does not decide whether a particular worker is an employee or worker, whether every minute of a particular course counts, or whether a future rota decision is unlawful.
Start with three records: the training instruction, the work agreement and the payslip for the pay-reference period. Note the course dates and time spent, whether attendance was required to keep the job or accept shifts, whether the employer supplied or approved the course, and how the hours appear in payroll. Preserve the rota and messages about future shifts separately from the pay calculation.
For a recruitment-stage trial shift, see our separate England unpaid trial-shift guide. A trial during hiring and training required of an existing worker are different situations, even where both raise minimum-wage questions.
Identify the type of work before counting training hours
The Department for Business and Trade’s National Minimum Wage working-hours guidance says the hours that count depend on whether the worker performs salaried-hours work, time work, output work or unmeasured work. HMRC says investigators assess the work type because the rules differ. Do not infer the category from “zero-hours,” a job title, or the fact that the course was online.
| Work type | What to check for training |
|---|---|
| Salaried-hours work | Is there an annual salary and a contract for a basic number of hours? Employer-required training generally counts in basic hours and may also affect excess hours. The contract requirement is central. |
| Time work | Is pay based on hours worked? Regulation 33 says training hours count when the worker would otherwise be doing time work. Check the planned work period and how the training was scheduled. |
| Output work | Is pay based on items made or tasks completed? Regulation 38 treats training as output-work hours only when the worker would otherwise be doing output work. Check the actual task and schedule. |
| Unmeasured work | Does the work fit none of the other categories and is pay set another way? Regulation 46 treats training as unmeasured-work hours only when the worker would otherwise be doing unmeasured work. Check the actual hours worked or whether a valid written, realistic daily-average agreement applies. |
These are starting points, not a complete classification test. Regulations 38 and 46 of the National Minimum Wage Regulations 2015 make the output- and unmeasured-work training rules conditional on the work the worker would otherwise have been doing. HMRC’s guidance on output-work training and unmeasured-work training explains those categories. The contract, payroll method, actual schedule and work pattern can matter. Keep a copy of the agreement and ask payroll which NMW work type it used for the calculation.
Required training is different from optional study
For salaried-hours work, HMRC’s National Minimum Wage Manual on training time, updated 28 September 2026, says employer-required training will generally count as worked within basic hours and is included when considering excess hours. It explains that a contractual training requirement can form part of the work arrangement even if training takes place outside normal working time.
HMRC’s guidance also cautions against treating one fact as conclusive. Whether an employer paid for the course or the time may be relevant evidence, but it is not necessarily decisive. If it is unclear whether training forms part of the employment arrangement, HMRC directs attention to whether the training is wholly or mainly connected with the work and whether the employer approved it in some way.
For time work, regulation 33 of the National Minimum Wage Regulations 2015 treats as time work the hours spent training when the worker would otherwise be doing time work. The precise hours and schedule matter. If a module was assigned during a rostered paid period, keep the rota and instruction; if the employer required a separate session outside the rota, keep the instruction and ask how the time was treated in the applicable pay-reference period.
The question “Was it compulsory?” is useful but not the only one. Save the message, policy or manager instruction that describes the course, completion deadline, consequences for not completing it, and whether the employer selected or approved the provider. If the course was optional and not work-connected, say so accurately; do not relabel optional study as required training.
Build a simple hours-and-pay timeline
Create one row for each training session and each affected shift. Include:
- the date and start/end time you spent on the module, including required assessments or follow-up;
- whether you were told to complete it, by whom, and by what deadline;
- whether you were on a rota or otherwise expected to work during that period;
- the work type and pay-reference period shown in your agreement or payslip;
- how much pay was due and received for that period, without assuming that every training minute counts;
- any travel to a workplace or training venue, recorded separately from course time; and
- the source for each fact: rota, message, course record, timesheet, payslip or bank entry.
Keep the original records and make calculations on a copy. If the platform records only completion time, label it as such; it may not establish the whole period you spent. If your hours are estimated, mark them as estimates and explain how you calculated them. Do not create a more precise record after the fact than the available evidence supports.
For help organizing records by date and linking each entry to its supporting document, see the case chronology guide. If training requirements or pay terms are spread across an offer letter, policy and rota messages, the contract document extraction guide can help you locate and compare them. These Gotham resources are secondary organization tools; the official rules linked above are the legal sources.
Ask payroll a focused question
A short written request can clarify whether the employer says attendance was optional, whether it was required under the contract or policy, and how the time was treated for minimum-wage calculations. For example:
Please confirm whether the training on [dates] was required or approved, which National Minimum Wage work type applies to my role, and whether the time was included in the calculation for the pay-reference period ending [date]. If it was excluded, please explain the basis and provide the hours and pay calculation used.
Keep the sent message and any reply. If your employer says “training is unpaid,” ask whether that is a contractual description or how it reached the NMW calculation. Avoid arguing from the label alone. You can then compare the response with the agreement, schedule, course records and payslip.
If the course was required to remain eligible for future shifts, record the exact wording and when it was sent. A zero-hours arrangement may involve no guaranteed future hours, but the label does not resolve a separate question about training pay. Nor does a message threatening fewer shifts by itself prove retaliation or establish a minimum-wage breach. Keep the rota before and after the message and seek individual advice if your employer takes action or you need to decide whether to challenge it.
Keep minimum-wage time separate from other time rules
This article concerns NMW calculations. “Working time” under minimum-wage rules is not interchangeable with working time for rest-break or maximum-hours rules. A course may be counted in one calculation without answering every question about rest periods, travel, contractual pay or employment status. Use the rule that matches the question you are asking.
Travel also needs its own entry. HMRC’s working-hours guidance distinguishes business travel and travel from work to training from ordinary travel between home and work. Do not add commuting time automatically. Record where the training took place, whether you travelled from work or home, and what your employer instructed before asking how it should be treated.
Where to get help
For general employment guidance in England, contact Acas. For a possible National Minimum Wage shortfall, the government explains how to complain to HMRC about an employer. Check the current process, confidentiality information and any applicable time limits before submitting a complaint. A complaint may lead to an investigation; it does not guarantee payment or a particular outcome.
Before escalating, assemble the course instruction, work agreement, rota, time records, payslips and your written request. State what you know, what is estimated and what remains disputed. If the employer offers a settlement or asks you to sign a release, get advice on its scope before agreeing.
Final checklist
- Identify the work type used for NMW purposes; do not rely on the “zero-hours” label.
- Save the instruction, course policy, completion record, rota and any message about future shifts.
- Separate required training, optional study, work time and travel in your timeline.
- Identify the relevant pay-reference period and compare hours and pay without assuming an entitlement.
- Ask payroll for the work type and calculation in writing, and keep the response.
- Use official HMRC or Acas routes if you need help; check current guidance before filing.
Gotham’s workflow overview describes ways to organize work documents and records for review. It does not determine minimum-wage status or predict the outcome of an individual complaint.
Source notes
Primary sources: the Department for Business and Trade’s current National Minimum Wage working-hours guidance; HMRC National Minimum Wage Manual NMWM08190; and regulation 33 of the National Minimum Wage Regulations 2015. The question’s facts and employment arrangement remain unverified. This is an independent editorial review, not lawyer sign-off.
Questions about unpaid mandatory training
Does mandatory training always have to be paid at the minimum wage?
Not automatically in every fact pattern. HMRC’s guidance says the hours that count depend on whether the worker does salaried-hours, time, output or unmeasured work and on the rules for that type. Required or employer-approved training is important, but the contract, timing and pay-reference period matter.
Does a zero-hours contract mean I am not a worker?
No. The label alone does not settle employment status or National Minimum Wage eligibility. Look at the actual arrangement and work performed; if the employer disputes status, obtain advice based on the contract and facts.
What if training was outside my usual shift?
For salaried-hours work, HMRC says employer-required training can generally count even outside normal working time when it forms part of the contractual work arrangement. Other work types have different rules, so identify the work type first.
Does a threat to remove future shifts prove retaliation?
No. Keep the exact message and dates, but a threat or later rota change does not by itself determine a legal claim. Ask for the requirement and pay position in writing, then seek advice if the response affects your work or raises a separate rights issue.
Should travel to a training venue count too?
Travel can be treated differently from training itself. HMRC guidance distinguishes business travel and travel between work and training from ordinary commuting between home and work. Record the route, start point and instructions, and check the applicable rule for your work type.
Where can I get help in England?
Acas provides employment guidance and early conciliation information. HMRC investigates National Minimum Wage compliance. Check current official routes and deadlines before making a formal complaint.
General information, not legal advice. This guide focuses on minimum-wage treatment of employer-required training in England. The applicable rule depends on worker status, the type of work for National Minimum Wage purposes, the contract, whether training was required or approved, and the pay-reference period. A zero-hours label does not decide entitlement, and this article does not determine whether any particular course or hour must be paid.
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