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  • FIRST POST
    • eyelinerprincess
    • By eyelinerprincess 10th Jan 18, 4:45 PM
    • 4,528Posts
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    eyelinerprincess
    Training charges - is this fair?
    • #1
    • 10th Jan 18, 4:45 PM
    Training charges - is this fair? 10th Jan 18 at 4:45 PM
    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?
    "Beautiful young people are accidents of nature, But beautiful old people are works of art."
    -- Eleanor Roosevelt
Page 1
    • Savvy_Sue
    • By Savvy_Sue 10th Jan 18, 11:52 PM
    • 37,940 Posts
    • 34,405 Thanks
    Savvy_Sue
    • #2
    • 10th Jan 18, 11:52 PM
    • #2
    • 10th Jan 18, 11:52 PM
    Moot points, but are you in a union? This would be exactly the kind of thing they should support you in taking forward!
    Still knitting!
    Completed: 1 adult cardigan, 3 baby jumpers, 2 shawls, 3 pairs baby bootees,
    1 Wise Man Knitivity figure + 1 sheep, 2 pairs socks, 1 seaman's hat ...
    Current projects: 1 shawl, another seaman's hat
    • PersianCatLady
    • By PersianCatLady 11th Jan 18, 5:35 AM
    • 421 Posts
    • 387 Thanks
    PersianCatLady
    • #3
    • 11th Jan 18, 5:35 AM
    • #3
    • 11th Jan 18, 5:35 AM
    Maybe ACAS would have some advice on their website?
    • sangie595
    • By sangie595 11th Jan 18, 1:06 PM
    • 4,399 Posts
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    sangie595
    • #4
    • 11th Jan 18, 1:06 PM
    • #4
    • 11th Jan 18, 1:06 PM
    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
    • By eyelinerprincess 11th Jan 18, 4:36 PM
    • 4,528 Posts
    • 3,642 Thanks
    eyelinerprincess
    • #5
    • 11th Jan 18, 4:36 PM
    • #5
    • 11th Jan 18, 4:36 PM
    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)
    "Beautiful young people are accidents of nature, But beautiful old people are works of art."
    -- Eleanor Roosevelt
    • sangie595
    • By sangie595 11th Jan 18, 5:48 PM
    • 4,399 Posts
    • 7,340 Thanks
    sangie595
    • #6
    • 11th Jan 18, 5:48 PM
    • #6
    • 11th Jan 18, 5:48 PM
    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)
    Originally posted by eyelinerprincess
    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.
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