Training charges - is this fair?

eyelinerprincess · 10 January 2018 at 5:45PM

I started a new job with Company A in May and had to register with the governing body. A condition of registering was that I had to be working towards or achieve a certain qualification. I was told that Company A would put all employees through this qualification, as without it we couldn't work for them or indeed any other company in the same industry!

A few months after starting work, Company B took over Company A. Earlier this week we were told that the company was looking for under 25s to undertake this qualification, as they are funded differently to over 25s. I am a bit older than 25.
Looking at the TUPE paperwork, a question in it is asking whether they will find the qualification for over 25s. The answer has been left blank, as in they have not answered.

So, it is looking possible that they will not be funding for older employees, despite the original terms of employment from Company A. Plus Company B pays £1 less per hour than we are getting now. Which means that we are looking to self fund or find other means to fund the course. I have a previous degree so unsure if SAAS will fund it.

Are they allowed to change the terms of the contract regarding this and are they allowed to discriminate against older employees by giving younger ones access to the course but not older ones?

Savvy_Sue · 11 January 2018 at 12:52AM

Moot points, but are you in a union? This would be exactly the kind of thing they should support you in taking forward!

PersianCatLady · 11 January 2018 at 6:35AM

Maybe ACAS would have some advice on their website?

sangie595 · 11 January 2018 at 2:06PM

You were told the company would pay for it. But is that actually a written contractual term or a verbal suggestion?

On a general basis, in theory, no they cannot change the terms that exist - in practice there are plenty of exceptions that allow them to, so yes, changing terms would be entirely possible. You would probably simply end up redundant, which will costs them nothing as you haven't worked there long enough to get redundancy pay.

eyelinerprincess · 11 January 2018 at 5:36PM

I'm sure it's in the contract, however every employee over 25 who has worked there longer hasn't had to pay for the qualification since iirc 2003 when it opened (relative has worked there since just after then)

sangie595 · 11 January 2018 at 6:48PM

eyelinerprincess wrote: »

I'm sure it's in the contract, however every employee over 25 who has worked there longer hasn't had to pay for the qualification since iirc 2003 when it opened (relative has worked there since just after then)

What happened in the past is irrelevant. Is it in the contract or not? But even if it is, they'll get out of it. They've told you how. Business reasons - funding regimes have changed and business readings dictate that it makes better business sense to train people under 25. That is a legitimate reason to change terms. Sorry, but legally you are unlikely to win this argument. Assuming you still work there, because you have very short service.

Training charges - is this fair?

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