Rank: Guest 
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Posted By Nicki
I have recently discovered a "problem" with our employees Contracts of Employment. As part of the contract there is a "repayment of training fees clause". Very simply if you are given training and then leave the company, you have to re-pay the training fees on a time based sliding scale.
The problem I have is that this has been taken to mean ALL training. The purpose of the clause was to stop employees getting special software training and then leaving. I have a storeman who is leaving and the company what him to repay his H&S training fees e.g. Forklift Truck Driving, Manual Handling etc.
I now have a mini revolt on my hands with employees reluctant to take training courses.
I know that is a stupid situation, but most people appear to be ruled by their wallets.
Has anyone ever heard of this type of situation before and any advice on a way out?
Regards
Nicki
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Rank: Guest
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Posted By Stuart Bower
Nicki,
Section 9 of HASAWA is quite specific in that 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 provisons'. This is also referred to in the MHSWR ACOP.
My interpretation is simply that if the training is required by 'law' (and to me that means as the result of an assessment etc.) then the employer cannot charge for it.
It might also prove useful to involve your local union people and ask for their views.
Hope this helps
Stuart
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Rank: Guest
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Posted By Frank Cooper
Nicki,
I think you have a serious Employee Relations problem here rather than a safety one!
However,on a personal basis I would have thought that any training provided in the interests of health and safety and also provided to meet current legislation is essential whilst an individual is in your employment, irrespective for how long.
Whilst I can understand the company's point of view i.e. Training costs money / time - I would have thought that safety training should be the exception in the Conditions of Employment with respect to reimbursement of fees, if only from the safety legislation viewpoint. Recruitment selection processes may be an area which you need to consider in more detail i.e. Only employ people who have the necessary qualifications for the job you want them to do.
Regards,
Frank Cooper
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Rank: Guest
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Posted By Nicki
Thanks for your comments.
Yes I was aware of Section 9 of the HSWA.
The problem is that they (my employer) is using the argument that they have ceased to be employees so it does not apply!?
The training in question was actually re-fresher. i.e. renewal for Forklift trucks
Regards
Nicki
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