Should I be paid for training which is essential to my job?

superwhy

Hi, in need of a bit of adviceif anyone out there could help? I work for a Home Care agency and my dilemma is that I am required to undertake regular training in order to be able to carry out the work, but I am not getting paid for the time spent doing the training. Is this allowed? My employer says that because they have to pay to put me on the course then they don't have to pay me for my time, but other care agencies pay their staff for days spent training as they could otherwise be out earning. Am I getting ripped off or is my employer right to do this?

lynzpower

Is this training being done at home?

BrettMorganxD

superwhy wrote: »

Hi, in need of a bit of adviceif anyone out there could help? I work for a Home Care agency and my dilemma is that I am required to undertake regular training in order to be able to carry out the work, but I am not getting paid for the time spent doing the training. Is this allowed? My employer says that because they have to pay to put me on the course then they don't have to pay me for my time, but other care agencies pay their staff for days spent training as they could otherwise be out earning. Am I getting ripped off or is my employer right to do this?

My care home never did when we had to come in on a day off. They don't HAVE to by law, but morally I think they SHOULD

superwhy

no it's not done at home, I have to attend a local training centre

BrettMorganxD

superwhy wrote: »

no it's not done at home, I have to attend a local training centre

We were never paid when we had to go out for training either. But again, I think morally they should. It is your time your using but not being paid for it

TrickyDicky101

You can always vote with your feet if you don't like it!

Savvy_Sue

If the training is transferable, their argument might be that you are getting the benefit of it that way.

They might then (reasonably) require you to work a certain amount of time after doing each course, or reimburse the costs of training.

Union?

ceridwen

If the hours spent training were added onto your official "work week" would you still be receiving at least NMW? (now £6.08 per hour for someone deemed adult age).

***************

Also I guess someone would know whether training time essential for you to continue with your PRESENT job would legally have to be paid for by the company. My guess would be that any training YOU had chosen to do for the purposes of trying to get promoted would count as "down to you" to fit in (ie in your own time) - but that training THEY require in order for you to continue with your PRESENT job would have to be paid for by law by them.

Whats the legal position on this SarEl?

(I know what my own personal take on this would be - ie "If you arent paying me then its obviously my own time. I'm not using MY own time for YOUR training." Though obviously peeps will then say "The employer might decide to unfairly dismiss you if you say that" and I'm in a position now where I could say "I'll take that risk - and see them in an Employment Tribunal if they do".)

Emmzi

Let me just check a couple of things

a) you are technically employed on an "as and when" agency basis?
b) the training is a legal requirement for the job?

I think they are giving you the opportunity to have the training for free - they donate the trainer, you donate the time. Not a bad deal really, and is similar to a lorry driver who works as a contractor making sure he has done his CPC - this is usually on his own time, and usually paid for by himself, but he cannot work without it. (Well, come 2014..)

I think if you do not do it, you are limiting your chances of working again. *But* it depends what the training is, to some extent. Can you tell us more about the basis of your employment, and the reason why training is required?

Sambucus_Nigra

Yes, you probably should be paid. But you aren't. So, you have to weigh up the alternatives.

a - you don't go, and lose your job.
b - you go, learn something, make contacts and network and possibly, one day, this might come in useful. And the training will assist you in this role and potentially others. So look on it as an opportunity.

Can you afford not to go and to lose the job?

saintjammyswine

Many employers in your field expect staff to contribute not only time but also to the cost of the training. The reason the care industry is so heavily regulated in terms of training is that it is one of the worst for employers providing (or at least paying for) training despite it being so necessary. Even with the regulations now, most employers will only do the bare minimum.