Payment for training if you decide not to take the job

agirliegirl

Good Morning

I work for a small family run business and recently we needed to take on another member of staff to cover holidays and illness.

She has spent 10 hours observing the practice manager, learning to use the computer software, and was due to start next monday.

2 days ago she left a message on the company answering machine saying that she had decided that she didn't want to work for the company, that she had her reasons but she wasn't going to discuss them with us and that she would be in on Friday to pick up her wages. She has left us in a complete mess as we have no cover for Easter and I have had to now step in and cancel a week away with the inlaws ( not that much of a sacrifice ).

Do we have to pay her for the 10 hours she spent with us? she didn't do any actual work and was mainly observing. I have tried to look this up on employment law websites but can't find a definitive answer.

Thanks

elsien

I don't know what the legal position is, but in our company we would (very reluctantly) pay her, as it would be counted as part of her induction.
Have you tried ACAS - they're normally pretty good on the legalities and have a telephone helpline for advice.

paulwf

I would pay her, it shouldn't be a large amount.

Think of it as an trial day, which is something you should definitely consider doing for all new candidates. A trial day works both ways, not only is it an on the job interview so you can see if you like them, but just as importantly the candidate can see if they like the job in reality not just from a chat in an interview. It is better she has decided not to take up the position rather than going through all the training and walking out after a month.

I know it has left you in an awkward position in the short term but paid no obligation trial days are the way forward.

jdturk

I would pay her when you pay everyone else, if it is friday then so be it but if it later in the month then make her wait!

maninthestreet

Was this person 'hired' on a basis that they are paid an hourly wage, weekly wage, or monthly wage? If it's the latter, they are required to give you 1 months notice if they wish to resign.

Any

maninthestreet wrote: »

Was this person 'hired' on a basis that they are paid an hourly wage, weekly wage, or monthly wage? If it's the latter, they are required to give you 1 months notice if they wish to resign.

In probationary period? No you don't.
What exactly is stated in the contract of employment?

pinkshoes

Surely they have to give 1 week's notice to quit, rather than just walking out?

RiverStar

Pinkshoes - In probation period or under a year employed with a firm - they can let you go at a moment's notice. Terrible I know, it happended to me after 5 months employement and not a thing I could do about it!
OP - I'd just pay her for the 10 hours and as others have said make her wait until payday, she's a bit of a cheek saying she'll be in on Friday to pick up wages but won't give you a reason for her not starting employment.

anamenottaken

maninthestreet wrote: »

Was this person 'hired' on a basis that they are paid an hourly wage, weekly wage, or monthly wage? If it's the latter, they are required to give you 1 months notice if they wish to resign.

The frequency with which one is paid has no direct relationship with the amount of notice that an employee has to give.

Written particulars of employment which the employer has to provide within two months of the start of employment have to describe notice periods (on both sides). That could be one month (or any other amount of time they choose) from day 1 if they want.

In the absence of written particulars, then the statutory time applies. For an employee that is one week (it does not increase with length of service) after completing one month's employment. So someone working a few days would have no legal requirement to give any notice - unless they had received the written particulars which stipulated longer.