Previous employer witholding original certificates

WLM21

A friend of ours works as a carer and has recently changed jobs.

She is working in a carehome, where they pay extra if the employee has certain levels of training.

She passed NVQ3 a few years ago and the original certificate was being kept by her then employer.

Her new employer has asked to see the certificates, but the previous employer has simply given her photocopies. She is the type of person not really in to kicking up a fuss, so just took them (this morning)

I've told her to perhaps visit Citizen's Advice to ask their opinion.

Surely the old employer has no rights to keep them, or am I wrong

thank you

Guest101

who paid for the course?

WLM21

Guest101 wrote: »

who paid for the course?

Probably the employer .. but it would have been at their request that she did the course.


So, are you saying whoever paid for the course should have all the rights to any certificate ?

RuthnJasper

If she contacts the training provider, she may be able to obtain a duplicate certificate. Or does she have a copy of her results slip?

Guest101

WLM21 wrote: »

Probably the employer .. but it would have been at their request that she did the course.


So, are you saying whoever paid for the course should have all the rights to any certificate ?

Presumably at their request, and their expense, but for the purposes of their business.


The qualification still exists, she is still qualified, but I doubt they are obliged to release the original.


However the provider may give a replacement copy.

TBagpuss

Have they only given photocopies, or have they refused to return the originals?
If they have simply provided copies then it is pobably an admin error and the obvusly thing to do would be for her to write to them and request that the originals are returned. Enclose a stamped addressed envelope, state explicitly that copies are not sufficient and that she requires the origianl cetificate to be returned.

If the employer paid for the training then they may argue that they are entitled to retain the certificates, but it is dificult to see what benefit there would be to them in doing so. Is she absolutely cdertain that they have the originals? Unless the certificates have to be displayes, I would normally epxect an employer to see the originals and take copies for their records, and return the original to the worker straight away. Is your friend quire sure that didn't happen to her certificates when she obtained them

Another option is to contact the organisation or institution which issued the ceritficate and ask about obtaining duplicates. If she has the originals then she should have all the information, dates etc they need.

Finally, has she checked with the new employer whether they need the originals or whether the photocopies are sufficient for their purposes?


If the previous employer has the certificates, and did not pay for the training, then the certificates are your frieed's personal property and her former employer is not entitled to keep them from her, however, if they are being awkward (or jusst plain slow) then she may find it is quicker, cheaper and less stressful to get duplicates.

was it city & guilds? - http://www.cityandguilds.com/help/help-for-learners/replace-and-amend-certificates

ScorpiondeRooftrouser

TBagpuss wrote: »

If the employer paid for the training then they may argue that they are entitled to retain the certificates, but it is dificult to see what benefit there would be to them in doing so.

It would be so they can show a prospective client a big batch of certificates before sending in unqualified staff.

ohreally

The certificates are hers regardless of who paid for the course.

Flyonthewall

The certificate has her personal details on and she's the one who holds the qualification, therefore I'd say the certificate is hers, not theirs (regardless of who paid for the course or whether she took it because of them).

The certificate is no use to the company now, although I don't get why they kept them in the first place. Why not just keep a copy for their records? Seems odd.

So as above, write to them asking for the originals.

JReacher1

Would the employer not need to keep the original for audit purposes? If they are inspected they may need to prove that a previous employee was qualified.

anamenottaken

JReacher1 wrote: »

Would the employer not need to keep the original for audit purposes? If they are inspected they may need to prove that a previous employee was qualified.

They might try arguing that
but
they also need to show that their employee was entitled to work in the UK
for that they keep a photocopy of relevant documents, not the original.