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achrn  
#1 Posted : 07 October 2011 13:56:57(UTC)
Rank: Super forum user
achrn

An acquaintance tells me that his daughter volunteered to be a first aider for her workplace (a supermarket), and attended a 3 day course. Subsequently, her manager has decreed that she does not get paid anything for those three days because she was not working.

This seems obviously wrong, bad and despicable etc.

However, I was looking for a nice simple black-and-white declaration that this is illegal.

There's INDG345 which covers traing, but it's pitched more about induction training.

The first aid ACOP specifies that first aiders need an official course, but does not specifically and explicitly state that you need to pay employees you send on the course.

Does anyone have a reference to a sufficiently oifficial document that it will persuade a manager to publicly change his mind? I must admit I'm at a bit of a loss, it never having occurred to me that you could send someone on a three day training course and then claim they did that in their own time.
Birchall31628  
#2 Posted : 07 October 2011 14:08:22(UTC)
Rank: Forum user
Birchall31628

Section 9 of the Health and Safety at Work etc Act 1974!
jay  
#3 Posted : 07 October 2011 14:08:36(UTC)
Rank: Super forum user
jay

It is Section 9 of HASAWA, i.e. Duty of employer not to levy a charge on employees

Many relevant statutory provisions require employers to do or provide certain specified things, for example PPE, statutory training etc Section 9 of HASAWA lays down that employers must not charge their employees for anything done or provided to comply with such specific legal requirements.

Safety Smurf  
#4 Posted : 07 October 2011 14:13:44(UTC)
Rank: Super forum user
Safety Smurf

Achrn,

Is this a national supermarket? My experience in these matters usually finds that these strange ideas stem from local management misunderstanding rather than actual company policy.

If so, speak to the HR dept in their head office. I suspect you will find they will completely horrified at this discision and the manager that said this will soon be "re-educated";-).
A Kurdziel  
#5 Posted : 07 October 2011 14:16:01(UTC)
Rank: Super forum user
A Kurdziel

The Management of Health and Safety at Work Regulations state that any work related training (including First Aid training) shall under regulation 13 (3) (c) ... "take place during working hours" ie you get paid for it...
No one can be forced to be a first aider so if see has not been paid for this training she is perfectly entitled to refuse to carry out these duties.
If it is in her contract that she must carry out these duties then she should get paid.
DNW  
#6 Posted : 07 October 2011 14:25:12(UTC)
Rank: Forum user
DNW

If the Supermarket continues to refuse to pay then read their official grievance procedure and follow it to the letter. If necessary use the references already provided above. Unless they are totally unaware of their legal responsibilities it shouldn't take long before appropriate payment is made, they're not going to want this to go to tribunal.
paul.skyrme  
#7 Posted : 07 October 2011 16:46:22(UTC)
Rank: Super forum user
paul.skyrme

If this is the attitude, no matter whether it is local or central management, what are the chances of this poor lass keeping her job after this.

Her cards will be marked, they will get rid of her somehow.

FWIW, I think that the companies attitude is appalling, and she should be paid, and again FWIW I feel that she should follow this up, as DNW says, to the letter.

Shocking state of affairs in this day and age.
NickH  
#8 Posted : 07 October 2011 17:07:55(UTC)
Rank: Super forum user
NickH

No excuse, I know. But, I suspect that this is purely a local management issue. Therefore, once the abovementioned information has been passed to him/ her, fingers crossed all will be well. However, I would still keep all documentary evidence of this, as it might come back to bite her should the manager feel their authority is being threatened.

If all else fails, contact either Group HR or their union rep.
Ron Hunter  
#9 Posted : 07 October 2011 17:12:27(UTC)
Rank: Super forum user
Ron Hunter

http://www.hrbullets.co....me-off-for-training.html

'employees have right not to suffer detriment.'

That said, during my brief trawl, I came across another thread discussing the non-payment of new recruits for the initial 3 days of familiarisation training - this for a very well known High St Sandwich shop (with underground trains).
It may be wrong, we may be outraged, but it does seem to happen.........
m  
#10 Posted : 08 October 2011 10:01:50(UTC)
Rank: Super forum user
m

Who paid for the course? If the supermarket did then how can they deny payment of salary?
sean  
#11 Posted : 10 October 2011 12:48:20(UTC)
Rank: Guest
Guest

Many years ago after passing the application and interview stage with a very well known holiday company I was invited to attend a weeks training course which was unpaid, at the end of the week we found out if they thought we were suitable or not, it wasn't a great shock to find out nobody failed!
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