Training Question

Guest101

Have a question, I suspect I know the answer to, but double checking:


Work weekends in an out of hours capacity, the company I work for has a training clause in the contract.


Training is £400, however this is only payable if you leave the company within a certain time (or % thereof as you work downwards)


I have no problem with this, except the training hasn't exactly happened.


I just picked up the job and got on with it.


This seems to be a way to avoid paying employees. Wages are paid a month in arrears. So January pay is at the end of Feb for example. The company has a huge turnover of staff, so I can see why they'd want to recoup training costs.


The atmosphere is not exactly great (though the immediate team is fine) - I don't see myself in the role much longer. Mostly due to the attitude of the directors, making it unpleasant and have a very bullying attitude.


I guess my question is, how enforceable is this clause, if no actual training took place? Or if we want to include some on the job basics (here's outlook etc.....) does the training cost have to be quantifiable?

DCFC79

If not training has taken place how can they enforce the training ?

If you haven't signed anything with regards the training then nothing for you to pay.

Guest101

Well this is the bit that confuses me.


But presumably they simply deduct the relevant amount from final pay?

Undervalued

Guest101 wrote: »

Well this is the bit that confuses me.


But presumably they simply deduct the relevant amount from final pay?

They may do but to be lawful training costs can only be reclaimed if....

There was a specific agreement in place

and

The amount deducted was proportionate and reasonable

Oakdene

Surely this clause is only referring for actual expenditure incurred by themselves as the employers??

getmore4less

You could preempt this by asking when the training will happen as you have not had it yet.

You need to create a paper trail that says you did not have training

Guest101

Thanks, like I say the employer is not the most reliable nor the owners the most reasonable.


The reason I ask is that I'm probably handing my notice in. Already concerned about the pay for Jan! and then the additional for what ill work in feb, + this.


It's all a bit much.

Undervalued

Sadly I suspect they will try it on and deduct the £400. You probably have a good case to claim it back but it may be quite a hassle.

Guest101

Cheers, I suppose my next question is this:


It's a zero hours contract, and after 6 months employment the training costs are no longer claimed (as the clause says anyway)


I've not worked zero hours before, but my understanding is I am able to simply reduce my hours of availability to zero and then hand in notice once the 6 months is up?


Thereby nullifying any of their claim?


Apologies, its a second job, I've been salaried for years and years. So don't understand some of this, which may be very basic.

Undervalued

Guest101 wrote: »

Cheers, I suppose my next question is this:


It's a zero hours contract, and after 6 months employment the training costs are no longer claimed (as the clause says anyway)


I've not worked zero hours before, but my understanding is I am able to simply reduce my hours of availability to zero and then hand in notice once the 6 months is up?


Thereby nullifying any of their claim?


Apologies, its a second job, I've been salaried for years and years. So don't understand some of this, which may be very basic.

Basically yes. The whole point of a zero hour contract is that they are not obliged to offer work and you are not obliged to accept any they do offer.

However, they could of course dismiss you! Does the contract say anything about training costs if you don't leave of your own volition?

How far are you off the six months? can you not just let it fizzle out slowly or are you desperate not to do any more work for them?

Guest101

Undervalued wrote: »

Basically yes. The whole point of a zero hour contract is that they are not obliged to offer work and you are not obliged to accept any they do offer.

However, they could of course dismiss you! Does the contract say anything about training costs if you don't leave of your own volition?

How far are you off the six months? can you not just let it fizzle out slowly or are you desperate not to do any more work for them?

Ok great, that's good to know. Thanks


I'm pretty sure (but I will check) that it's about leaving of my own volition. (like I said the owners are very pleasant - hence the high turnover of staff)


Got about 2 months to go, but tbh it's taken it's toll - working 7 days a week.


I know some people do more, but it's roughly 55 hours in total (that's both jobs) + some travel time and the hours are anti-social.
- I know I knew this at the time, but I couldn't be sure how I'd handle the extra until I did it.


Recently the boss has been short with me and tbh the extra wages are nice, but frankly she can stick it.