Unpaid training on a normal day off - do I have to do it?

magictom123

Hello,

The below relates to my partner. She has written this on another site but I thought she could get an answer here. Just to add to the below my partner doesnt have a copy of her contract and we think if she requested one if would be 'ammended' to suit her employers desires.

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I work fri and sat each week for a local company. I'm currently on holiday but having visited my workplace (it's a shop, I went in to buy something), they told me over the counter that I have to attend training next Tuesday. Tuesday is one of my days off, the training is about 30 miles from home, it is being conducted from 6-9pm (outside of normal shops hours) I don't drive and I won't be getting paid for it. Do I have to go? I have 2 children and of course have to look after them. My employer has a reputation for pulling fast one's and I don't trust them at all not to break the law if it saves them some money.

I don't mind doing the course but I would want to do it during my normal working hours on a fri, sat, and definitely not do it if I don't have to for no pay, miles from home, in the evening on a day off.

Regards

Fly_Baby

I don't really have any advice but just wanted to say that I really feel for your partner.

When I was employed and had a child my line manager struggled to understand why it was so difficult for me to swap my working days out of the blue. Well, for me to be able to do that my son's nursery had to have a vacancy on that day or, failing that, I would need to find a childminder who would take him on for just that one day - i.e. willing and available. It would cost me £50+ extra in childcare (and losing the fee for the day my son would miss), plus peak time train in train fare of about £25 (I worked in London and had to commute), plus my husband had to make arrangement at his work to drop off and pick up our son from nursery in the end of the day (because I wouldn't get back from London in time). All for a simple day swap.

So I understand how difficult and expensive it can be. Hope somebody will be along soon with proper advice.

McKneff

Tell her to tell the employer she has no way of getting there.
If he offers to supply transport, then fair enough.

As you are her partner, you surely could look after the children.

As for not getting paid for it, get a life, she has a job which presumably wants to keep. If she was let go there would be a couple of hundred people applying for it.

In the grand scheme of things, it's 3 hours out of a life time,
lifes too short, just get on with it.

Person_one

McKneff wrote: »

Tell her to tell the employer she has no way of getting there.
If he offers to supply transport, then fair enough.

As you are her partner, you surely could look after the children.

As for not getting paid for it, get a life, she has a job which presumably wants to keep. If she was let go there would be a couple of hundred people applying for it.

In the grand scheme of things, it's 3 hours out of a life time,
lifes too short, just get on with it.

I see what you're saying, but its a bit of a slippery slope situation if people are expected to be so grateful for having a job that they accept all sorts of poor conditions and bad treatment from employers. There has to be a line!

I think its really cheeky of your employer to ask you to give up your time for free, I'm not sure of the legalities but I'd say its certainly not ethical. I'd inform them that you won't be there due to other commitments, see what they say and take it from there for now.

MrC_Beds

I guess it all depends on how much you want/need the job...although personally, I would steer well clear of outfits that basically want free labour, no matter how scarce jobs are!

If it were me, I would say I couldn't make it.

C.Lightowler

If she's not getting paid for it and she's being expected to pay for travel herself then she can refuse to do it. And IF they tried to terminate her contract then take them to an employment tribunal.

too many employers try to take the p**s and if employees just accept anything they say or try to make them do then they'll know they can get away with it.

If she has to go to the training she should be given one of her fridays or saturdays as a day off!

magictom123

Thanks for the replies so far,

I was hoping we wouldnt get any 'she should know how lucky she is to have a job' comments as we all know what the current climate is like... I wanted to find out about the legality of what was being asked of her, not some laymans interpretation of the labour market. As was pointed out above, the company has a history of messing it employees around.

Just because you are fortunate enough to have a job in these times shouldn't mean suffering poor conditions. As one poster above stated -where does it end? If the next training course was for a week and was 200 miles away with no pay, would attending this course now lay the ground for having to attend future ones. Also, pointing out that I'm a father and could indeed look after my own children isn't really rocket science either. Of course I can and if push came to shove then my partner probably could attend the course. She merely mentioned this to show the inconsiderate nature of her employer. The point was whether a company can legally ask someone to go on a training course with no pay outside of working hours (i.e. in the evening) and outside of her normal contracted days (Fri and Sat).

Thanks to those who have tried to answer that question. I should add that it is my partners suspicion that any transport offered would be a lift in a fellow employees car. She highly doubts that her fellow employees would have adequate insurance to cover a business related trip (as we think is required).

I think a trip to the citizens advice may be necessary.

Regards

Person_one

magictom123 wrote: »

I think a trip to the citizens advice may be necessary.

Regards

I think she should tell them she can't make it and see what the response is before dashing off to CAB, they'll only wonder why you didn't do that in the first place!

magictom123

Person_one wrote: »

I think she should tell them she can't make it and see what the response is before dashing off to CAB, they'll only wonder why you didn't do that in the first place!

Your right! I meant if things turn headed downhill. She is indeed going to say she can't make it to begin with. As she is on holiday, we have been considering going away (not too far) for a few days, so if we had already booked something would she be required to ditch her holiday plans to go on a training course - it does seem quite ridiculous.

Person_one

magictom123 wrote: »

Your right! I meant if things turn headed downhill. She is indeed going to say she can't make it to begin with. As she is on holiday, we have been considering going away (not too far) for a few days, so if we had already booked something would she be required to ditch her holiday plans to go on a training course - it does seem quite ridiculous.

ACAS are a good one to call as well if they kick up a fuss.

magictom123

Person_one wrote: »

ACAS are a good one to call as well if they kick up a fuss.

Thanks, I had forgotten about them. I will find the number now.