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Paul B  
#1 Posted : 27 June 2013 13:44:40(UTC)
Rank: Forum user
Paul B

The company I work for employed a person last December and since then we have put them through the SMSTS and 3 Day first aid course.
They have since left the company, are we legally allowed to retain the training costs from their final pay cheque ?
The following paragraph was part of their contract of employment.

Training.
The Company recognizes the need to ensure its employees are trained and developed to meet the needs of the business.
At the Company’s absolute discretion, they may agree to fund or partially fund particular and appropriate training courses. Any such training will be subject to the employee signing a Training Agreement which will include a refund clause to the Company should the employee either terminate their employment, or be terminated during a 2 year period following completion of the training.
james fleming  
#2 Posted : 27 June 2013 13:53:44(UTC)
Rank: Forum user
james fleming

I’m sure someone with a HR background will correct me…

I would say no. Why? Well, the first aid, for example. The employer has a legal requirement to provide this in the workplace. Whilst the employee might be walking away with a (circa) three year left on their ticket, the employer has fulfilled their legal requirement.
It’s a win – win as I see it. Effectively it’s an essential requirement for the employer.

All that said, it’s an opinion rather than any hard facts.
Canopener  
#3 Posted : 27 June 2013 13:55:51(UTC)
Rank: Super forum user
Canopener

Such training agreements and contractual clauses are relatively common, and MAY be 'enforceable' unless they are seen to be an unfair contract, possibly on the basis that the training was a specific statutory requirement.

There are specific deductions that are allowed to made from pay, but these are relatively limited.

I would leave it for HR to address (unless of course you have a vested interest!)
CarlT  
#4 Posted : 27 June 2013 13:59:03(UTC)
Rank: Forum user
CarlT

I beleive that if it was done in the interests of health and safety then you are sunk.
As already stated though, it is a HR thing.
Paul B  
#5 Posted : 27 June 2013 14:04:33(UTC)
Rank: Forum user
Paul B

The employee did not request it or need it !
DNW  
#6 Posted : 27 June 2013 14:08:19(UTC)
Rank: Forum user
DNW

Looking at it from a time management perspective....is it worth pursuing. Presuming you are CITB Registered and able to claim the grant your'e probably looking at a loss of around £300 - 350, time and resources to chase this wouldn't seem practical to me.

If you're a small company I would look at reviewing your recruitment process/pre-requisites for each vacant role. There are a lot of experienced people out there with said qualifications.

Just my opinion of course, and I'm told I've always got one :/
Paul B  
#7 Posted : 27 June 2013 14:17:25(UTC)
Rank: Forum user
Paul B

By the way, I am siding with the ex Employee .
walker  
#8 Posted : 27 June 2013 14:19:06(UTC)
Rank: Super forum user
walker

DNW wrote:
Looking at it from a time management perspective....is it worth pursuing. Presuming you are CITB Registered and able to claim the grant your'e probably looking at a loss of around £300 - 350, time and resources to chase this wouldn't seem practical to me.

If you're a small company I would look at reviewing your recruitment process/pre-requisites for each vacant role. There are a lot of experienced people out there with said qualifications.

Just my opinion of course, and I'm told I've always got one :/


That sounds sensible to me.
maybe your management wants to look at ways of retaining the workforceI
walker  
#9 Posted : 27 June 2013 14:21:06(UTC)
Rank: Super forum user
walker

Paul B wrote:
By the way, I am siding with the ex Employee .


I'd wash my hands of it - HR's problem

If word gets out, no one will do training and that will be your problem.
User is suspended until 03/02/2041 16:40:57(UTC) Ian.Blenkharn  
#10 Posted : 27 June 2013 14:21:49(UTC)
Rank: Super forum user
Ian.Blenkharn

Don't ask the barrack room lawyers, ask a real one.
Tigers  
#11 Posted : 27 June 2013 15:11:13(UTC)
Rank: Forum user
Tigers

I had to sign an agreement before I took my Level 4. A sliding scale of repayments over 2 years. I think this is usual for public sector.
aland76  
#12 Posted : 27 June 2013 16:07:37(UTC)
Rank: Forum user
aland76

Legal or not, as Walker said if the company take this route and reclaim costs from the individual it'll undo a massive amount of goodwill among employees when it comes to training to fulfill the companies obligations (Fire Warden / First Aid, etc), they may find it very difficult getting anyone on-board for future sessions.
johnmurray  
#13 Posted : 27 June 2013 17:20:13(UTC)
Rank: Super forum user
johnmurray

chris42  
#14 Posted : 28 June 2013 08:55:07(UTC)
Rank: Super forum user
chris42

mmmmm

So all your company need do is sack everyone every 23 months and the company will never pay safety training costs ever again.

I would refuse to sign any such paperwork, unless it was for training that the company didn't specifically need and I wanted to do to further my career (for which they would also get some benefit). That way if the company really wanted me to do it, they pay and no come back on me.

If it was in my contract at the start and I felt refusing would cost me a job I wanted, then I would refuse the training. I might be willing to negotiate that if I was to chose to go then a portion could be payable, but not if their choice.

alexmccreadie13  
#15 Posted : 28 June 2013 11:05:29(UTC)
Rank: Super forum user
alexmccreadie13

John your Llnk gives the definitive answer.

Providing the employees contract or they sign a letter to agree to wage stoppages for training then you can.

The CPCS /CSCS scheme is costing companies a fortune with on the CPCS side a need for Operators to be trained then get a Red Card. Within 2 years they have to do an NVQ to upgrade to a Blue Card. Some of the NVQs can cost over a £1000 Appointed Person/Lift Supervisor.

Yes some of the cost can be reclaimed from the CITB levvy but not all.

If we take on a Red Card Holder it is stipulated in his contract that they will have to assist towards training costs.

The only other option is to only employ Blue Card holders then that is being discriminatory and the industry stands still with no new blood.

In my personal opinion I would rather pay for these upgrades.

Sadly I do not hold the purse strings.

In the past 2 weeks we have paid out just under £5,000 for NVQs of which we will be able to claim back probably around a half.

It is a difficult subject which has been thrust upon us and to ensure we don't have people trained /upgraded and then disappear we adopt the pay back system.

Ta Alex
ptaylor14  
#16 Posted : 28 June 2013 11:30:33(UTC)
Rank: Forum user
ptaylor14

Paul B wrote:
The company I work for employed a person last December and since then we have put them through the SMSTS and 3 Day first aid course.
They have since left the company, are we legally allowed to retain the training costs from their final pay cheque ?
The following paragraph was part of their contract of employment.

Training.
The Company recognizes the need to ensure its employees are trained and developed to meet the needs of the business.
At the Company’s absolute discretion, they may agree to fund or partially fund particular and appropriate training courses. Any such training will be subject to the employee signing a Training Agreement which will include a refund clause to the Company should the employee either terminate their employment, or be terminated during a 2 year period following completion of the training.



Section 13 and 14 of the employment rights act dont allow such clauses or for yoy to re-coup and quite rightly so.
alexmccreadie13  
#17 Posted : 28 June 2013 12:54:37(UTC)
Rank: Super forum user
alexmccreadie13

So because of clauses in the employment law when I tell my MD that he cant use the system we are using at present it then becomes the unemployment law.
In future blue card holders only.
I don't like our system but it still ensures red card holders can be employed therefore the company is justified in doing it.
As an afterword we have also in the past few months recruited people to train as crane operators £2000 a time we have born the cost of that as we hired them in to train them in this role.
I am sure there are other employers out there in the same boat and using the same systems as us.
If we stopped it then please feel free to come up with a solution.
Remember don't bite the messenger I do not agree with the charging system.

Ta Alex
ptaylor14  
#18 Posted : 28 June 2013 13:03:22(UTC)
Rank: Forum user
ptaylor14

alexmccreadie13 wrote:
So because of clauses in the employment law when I tell my MD that he cant use the system we are using at present it then becomes the unemployment law.
In future blue card holders only.
I don't like our system but it still ensures red card holders can be employed therefore the company is justified in doing it.
As an afterword we have also in the past few months recruited people to train as crane operators £2000 a time we have born the cost of that as we hired them in to train them in this role.
I am sure there are other employers out there in the same boat and using the same systems as us.
If we stopped it then please feel free to come up with a solution.
Remember don't bite the messenger I do not agree with the charging system.

Ta Alex


Im curious ast to why you ask this qestion on a health and safety website surely HR would be better but Im more curious as to why you would care what the training cost are surely as a H&S professional your only concern is the training is carried out. and just for the record feel free to tell your MD that there is no such thing as unemployment law!
alexmccreadie13  
#19 Posted : 28 June 2013 13:58:20(UTC)
Rank: Super forum user
alexmccreadie13

Ptaylor please read posts before answering them.
I did not write the initial post I gave my opinion on a post.

I work in the real world where money is money and does not get thrown away easily.
I and my MD know there is no unemployment law merely an expression.
If someone told us we cant do what we are doing then we would not hire Red card holders only Blue.

Hope you can understand this.
I do not agree with it but I do not hold the purse strings.

Now lets move on.

Ta Alex
Canopener  
#20 Posted : 28 June 2013 14:59:31(UTC)
Rank: Super forum user
Canopener

Training contracts are relatively common place, especially where training is for ‘developmental’ purposes rather than statutory. A sliding scale is usual, something along the lines of the amount that can be reclaimed by the employer decreasing as time moves on.

Quote #16 – “Section 13 and 14 of the employment rights act dont allow such clauses or for yoy to re-coup and quite rightly so.”.

I would say that deductions CAN be made under section 13 (1) (a) & (b) of the Employment Rights Act if this forms part of the contract and the worker has signed and agreed to this. At least having read it, that’s what it seems to say to me! The link provided at #13 also seems to suggest the same!

However, the mere presence of a signed contract doesn’t in itself mean that the deduction can be made unless it is ‘reasonable’ (i.e. that it was a fair contract term). There is case law on this that might be relevant although I can’t recall the specific case, but in essence I seem to recall that the reclaim by the employer must be proportionate or commensurate with the ‘loss’ incurred, hence the use of sliding scales. i.e. if an employee (who has signed such a contract) decides to leave their employment shortly after completing training or qualification, then it might be reasonable for the employer to seek to reclaim all or most of the costs, although this wouldn’t be reasonable 5 years down the line.

This IS an HR/payroll issue and if necessary they will take legal advice.
chris42  
#21 Posted : 28 June 2013 17:20:05(UTC)
Rank: Super forum user
chris42

Thing is do we consider "SMSTS and 3 Day first aid course" to be H&S training?

If it is wouldn't it come under HSAWA 1974.

From HSE web site:-

"Health and safety training should take place during working hours and it must not be paid for by employees. There are many external trainers who will be able to help you with your training needs but effective training can often be done ‘in house’."


Link extract taken from:-
http://www.hse.gov.uk/si...ealth-safety/provide.htm

Just thought how much my NEBOSH Dip was, so glad the company that made me redundant didn't try and recover the cost! Some people on the course with me paid £6.5k.

Take Alex's point though it could end up affecting who is employed.




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