Rank: Super forum user
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Morning all,
A question here for those in the construction industry regarding charging employees for things like CSCS cards. We all know that we must provide (and pay for) training to our staff but what about things which aren't actually training. As an example, we've just put a new employee through the CSCS green card which essentially has three elements:
1) CSCS touchscreen test
2) 1 day H&S awareness course
3) Send 1&2 to CITB and pay a fee
We paid for it all, as we always have done, but looking at the above, whilst it's all connected to training and competency, only number 2 is actually training. 1 is a test (which itself isn't training) and 3 is an admin fee (which certainly isn't training).
What are people's thoughts on this?
Stern
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Rank: Forum user
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Hi Stern,
We pay for it all too, although we are a management company (no site operatives) so only have Site Managers & Project Managers to train but cover the cost of everything. We put our managers through the NVQ L3 in Occupational Work Supervision to enable them to get a suitable CSCS card.
Andy
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Rank: Super forum user
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Hi Stern,
I know the common understanding is that you can't charge an employee for H&S training, PPE, etc. but the actual law this comes from is section 9 of the Health and Safety at Work etc Act 1974 which states;
'9 Duty not to charge employees for things done or provided pursuant to certain specific requirements.'
"No employer shall levy or permit to be levied on any employee of his any charge in respect of anything done or provided in pursuance of any specific requirement of the relevant statutory provisions"
So I would interpret that to mean you can't charge them for any of it.
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Rank: Forum user
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Morning Stern,
The other way to look at it is, if you require your workers to enter a site that requires all workers to have a CSCS card then shouldn't you ensure they have them? "No card, No access" as some sites say.
Murray
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Rank: Super forum user
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Smurf: there is no specific statutory provision that actually requires employees to have cscs or other cards, so it isn't quite as simple...
There is no law that requires clients to insist on it either, they only do it because they are sheep and easily led.
I think it could be an interesting test in case law if this ever went to a tribunal for constructive dismissal where the test is one of reasonableness which is basically decided by comparing what others are doing... I think the pursuer would win.. So I think it has to be paid, but on hr grounds rather than from h and s law...
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Rank: Super forum user
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Steve - disagree, Smurf is right - S9 would be applied through the self imposed requirements of the client and the contractor (not the individual/employee). Therefore it would be captured under MHSWR or construction law as part of the employers 'arrangements' made under statutory duties. If you like; self imposed compliance with a statutory duty. Once the employer states this is how they are meeting compliance of a goal setting standard their own words become the law and could be used against them.
The only issue here would be the relationship of E'r and E'e - as you are aware, in construction type activities we have a myriad of different contractual issues to deal with to ensure we are talking about an employee rather than a self employed sub. The latter would make a significant difference to this issue imho.
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Rank: Super forum user
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Steve G, (this will not come as a surprise) but I think you are wrong.
I agree with Steve A.
Holding a cscs card is a contractual thing (somewhere the contract says; when your people are on my site they must hold a valid CSCS card) nothing more.
The site manager could equally require (via the contract) contractor's staff to hold tufty club membership (that dates me). if you have signed the contract you follow it, including providing the resources.
In the end we are all agreeing: no charge to the employee
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Rank: Super forum user
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Steve G, I've just re-read what smurfy was saying so I think that maybe we agreed after all.
Sorry!
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Rank: Super forum user
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In what way is a requirement for CSCS card a "specific requirement of the relevant statutory provisions"?
If it isn't (and I think it isn't - it's certainly a contractual requirement in some cases, but not covered by any statutory requirement), I would say you could charge for it. I don't think you should, but I think it would be legal if you did.
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Rank: Super forum user
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Seems mean.
So large construction sites that require the wearing of gloves even if you are just walking around, could be charged to the employee ? If deemed not actually necessary for the particular job but the sub contractor.
That could be fun.
You don't need gloves for h&S purposes to walk through the site to your place of work. So you have to buy your own. However the job requires them, but you already have a pair why do you need another pair.
HaHa Sorry
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Rank: Super forum user
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Just to put my bit in, I think it could be argued that no.1 (CSCS test) is training and also a test. If you look at the thread on the Members' forum about CSCS card there is an opinion that it is training, albeit not very good in my opinion.
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Rank: Super forum user
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People ask me why I don't get involved in construction.
Sorry IMHO it is a race to the bottom, in both cost & quality.
You employ someone to do the job.
You then want them to have certain qualifications and tickets.
Why should you expect them to pay.
You employed them, you pay.
Why should individuals on not much more than minimum wage be expected to update their qualifications and competence when employed by you, at their cost.
IMHO this is a very nasty trend.
I don't like it.
It's like paying to have a job, this is going back to the dark ages.
ITIS...
If one wants to extend ones abilities and qualifications then fine.
However, a lot of construction operatives are on the breadline already because of the shoddy way that they are treated by employers, why on earth should they be forced to spend money that should be going to feed their kids & pay their mortgage on training and "stuff" that their employer needs, because they don't need them, they have a job, if their employer wants to use them on certain sites or for certain tasks, then it's down to their employer to sort it.
Sorry I find the thought of this blinking abhorrent.
This is just simply charging people to have a job, and it seems to be becoming more and more common, and almost becoming acceptable, which is simply disgusting.
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Rank: Super forum user
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We pay for CSCS for all of our employees. Subbies have to pay for their own.
Our reasoning is that we require them to hold it to do their job and to gain access to site. I am not a fan of CSCS but as contractually on some sites we require them employees are provided with them.
That's our policy with anything if we need you to have it to do your job we will pay. Our focus is much more on attitude of the person, loyalty and experience rather than "Will you pay for your own bit of pointless green plastic please?"
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Rank: Forum user
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Legally you could recover the cost from your employees but it would be a false economy, the effect on morale and company reputation would be devestating and believe me you would always lose more on production than you would gain in the couple of quid that would briefly show up on the company balance sheet.
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Rank: Super forum user
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sidestep45 wrote:Legally you could recover the cost from your employees but it would be a false economy, the effect on morale and company reputation would be devestating and believe me you would always lose more on production than you would gain in the couple of quid that would briefly show up on the company balance sheet.
If only that was true it might be a better world.
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