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

RuthnJasper

I could well be wrong, but I strongly suspect that an employer cannot force an employee to do something in their own time. Your wife's contract (legally, I think she should have received a copy when she commenced employment but, having worked for unethical ratfinks myself, I appreciate what you say about them 're-drafting' the contract to suit their purposes. HOWEVER - I don't think a contract is valid without the employee's signature on it...) should state the hours during which she is contracted to work, and anything outside of those hours is your wife's time to do with as she pleases.

The employers are entitled to ASK her to attend the training, but I don't think they can DEMAND that she goes - and either payment or time off in lieu should be offered in recompense for her out-of-hours attendance.

I believe she would be within her rights to say that she is unable to go. If the training were really that essential, surely the employers would offer a selection of dates/times/locations to ensure that all staff can attend, whatever the circumstance?

Good luck - hope this situation turns out OK for you. x

sagalout1954

Perhaps an offer to attend the training another time on a normal working day, or if that isn't a possibility ask to take one of the working days off in lieu of having attended the training now might be in order first.

Whether they change the contract or T&C's 'to suit' or not, this should not prevent a copy being requested. At least this will be the only time they'll be able to alter it and get away with it.

GEEGEE8

Training course for a week, unpaid!? I think they would be taking the p1ss if they made her do that one next..

What type of job does she do?

System

RuthnJasper wrote: »

If the training were really that essential, surely the employers would offer a selection of dates/times/locations to ensure that all staff can attend, whatever the circumstance?

If the training is provided by an external agency, that option may not be available.

magictom123

Thanks again for all the replies,

On my partners behalf, I have phoned ACAS and they said that my partner is in no way oblidged to do anything outside of her contract hours such as training. So first things first, my partner doesnt have to go on the training course at the time/date specified. Secondly, if the course is job related (which it is) then ACAS say that it is classed as time worked and therefore should be paid.

My partner has been in the shop today to say she has other commitments and cannot attend the course. This was not well received despite my partner saying she is more than happy to do the training within her normal working hours. ACAS suggested trying to arrange another more suitable time for the training such as within working hours (which as I said is what she has done today). My partner is now expecting a call from higher up pressurising her into going on the course. ACAS again said if this happens, your partner has no obligation to go and if she feels she is being harrassed, to ask the HR person to explain the greivance procedure for the company because she feels she is being harrassed/bullied. ACAS believes at this point a company would back down but if not to write a letter to the address given explaining how the problem came about (being told you have to go on the course whilst nipping in the shop whilst out shopping), what you did to try and resolve it (here that would be saying she is more than willing to do the course, just within her normal working hours), their response (to get angry) and how that makes you feel (harrassed/victimised/bullied etc). At this point if things where to progress further then the advice was to get ACAS involved again if things were heading towards a tribunal.

I have written all of this out not only to show what has happened but hopefully someone else can use this information in the future to stand up to bullying bosses.

Regards

(edit) I thought I would add that whilst not having a copy of her contract per se, my partner does have a letter she received after returning to work from maternity leave that states the company agrees to the change in her working days (FT to PT) and the hours they agree she will work (16 hours over Fri/Sat).

Savvy_Sue

I'm surprised no-one's commented on the fact that while she was on leave, she found out about some training she was supposed to attend, quite by chance!

At the very least, if my employer wants me to do some training, my manager gives me the details and asks if I'm able to attend. When I'm on leave, I don't expect to hear from my manager, except in a dire emergency.

I'd make a point of not going into that shop when on leave, personally ...

Hannah_10

Thanks for coming back and telling us what the outcome was magictom123, I am certainly better informed for it. I just wanted to add a link for ACAS here, so that if anyone else is reading this in need of the same advice it's neat and easy to find. It is...

https://www.acas.org.uk