Employer insisting I attend training courses on my days off

Frogling

I am hoping for some advice regarding training my employer insisting that I attend training courses outside of my normal working hours. I've probably gone into more detail than needed, but I want to make sure I've covered everything before I post this message, so apologies if it's long-winded.

I have worked for my employers for two and a half year. Initially, I started full-time but, due to my husband changing jobs and working different shifts, I handed my notice in as childcare for our now three-year old would have been impossible. My employer then told me that there was a vacancy for a higher-level job which was just two days a week; working Saturday and Sunday, then the following Thursday and Friday, followed by a week off, then back to the same rota. I applied, was offered the job and have been doing it happily for the last 2 years. My contract simply states the number of hours I will work per week, but I have followed this same rota for two years now.

Recently, my employer told me that there are a number of courses which I need to attend. Only one of these courses is at my place of work, and the others are at various locations within a 20 mile radius. I have been told that I cannot attend the courses on the days which I work because they have no-one available to cover me. Due to my husbands work, I am looking after our 3 year old on days I don't work, and also have to take our older daughter to the hospital once a week for medical reasons.

I wrote a letter to my employer stating that it was extremely difficult for me to attend the courses for those reasons, and asking whether there was any chance that some courses could be completed online or in work time. The reply I got did not address any of my queries, but simply stated that training was mandatory and that if I don't attend the courses then I will be given a disciplinary, which could then lead to my employment being terminated.


My contract states the following: You may be required as a Company employee to undertake certain training. The Company would normally bear the cost of such training and will allow you appropriate time off with pay for this purpose. Where after a reasonable time period, you fail to gain or maintain a required qualification; the Company reserves the right to terminate your employment with notice.

I have absolutely no objection to attending training courses, it is simply a matter of timing for me. We have no family living nearby, and there are currently four different courses which I have been told I need to attend. I have always assumed that training would be carried out on the days that I am actually in work (apart from 2 courses in the past, my training has always consisted of online courses).

What I would like to know is, as my contract does not state that I would be required to attend training on my days off, does the above clause in my contract over-write that, or am I within my rights to say I will only attend on days I work? My only other option would be to ask for time off in lieu instead of pay, so that I can attempt to swap my childcare arrangements around, but I know that the company does not like to give lieu time. Any advice would be gratefully received.

Undervalued

The paragraph you quote in bold appears not to have been written with part time staff in mind. Would it even be possible to attend all of the necessary courses on the days you normally work or are some only run on particular days?

Providing they either pay you for the extra days involved or give time off in lieu I think you have little alternative by to try and fit in. If obtaining this certification if a requirement of your job I think you will be in a fairly weak position if you refuse to attend any that are not on your normal working days.

The bottom line is if you refuse and they were to dismiss you for it you you have to try and claim unfair dismissal and would not be on very strong ground. With only just over two year service (if I read correctly) then you would be unlikely to get very much compensation even if you won.

How easy would it be to find another job that suits your childcare?

Guest101

I suppose it's not a simple one.


so some questions:
1. what happens when you have annual leave, who covers?
2. to avoid unpleasantness, could your husband not book annual leave for those days?
3. obviously there is a working pattern and that is what you are employed to do, the employer can change this however.


It seems that a letter may not have been the best way to handle this, has your manager had any conversations with you?

lincroft1710

Frogling wrote: »

I wrote a letter to my employer stating that it was extremely difficult for me to attend the courses and asking whether there was any chance that some courses could be completed online or in work time. The reply I got did not address any of my queries, but simply stated that training was mandatory and that if I don't attend the courses then I will be given a disciplinary, which could then lead to my employment being terminated.


My contract states the following: You may be required as a Company employee to undertake certain training. The Company would normally bear the cost of such training and will allow you appropriate time off with pay for this purpose. Where after a reasonable time period, you fail to gain or maintain a required qualification; the Company reserves the right to terminate your employment with notice.



What I would like to know is, as my contract does not state that I would be required to attend training on my days off, does the above clause in my contract over-write that, or am I within my rights to say I will only attend on days I work? My only other option would be to ask for time off in lieu instead of pay.

It depends upon the interpretation of The Company would normally bear the cost of such training and will allow you appropriate time off with pay for this purpose.

If it can be interpreted as meaning "any time that is taken by you to attend the course will be paid for" then you are obliged to attend outside of your working hours.

Although an employer may be sympathetic, your domestic situation, childcare arrangements etc are not their problem. It is up to you to sort these out to fit round your employment.

I don't know how "valuable" you are to the company. The more "valuable" the more chance of negotiating a mutually satisfactory solution.

Frogling

Guest101 wrote: »

I suppose it's not a simple one.
so some questions:
1. what happens when you have annual leave, who covers?
2. to avoid unpleasantness, could your husband not book annual leave for those days?
3. obviously there is a working pattern and that is what you are employed to do, the employer can change this however.


It seems that a letter may not have been the best way to handle this, has your manager had any conversations with you?

When I am on annual leave, my line manager covers for me. Unfortunately, my husband cannot take any more annual leave until April, and these courses are all in end Feb, and March.

I did speak to my line manager initially about the difficulties I was encountering with attending courses. She advised me to put it in writing, which I did. She then passed the letter on to our home manager, who sent me the letter in reply.

Although an employer may be sympathetic, your domestic situation, childcare arrangements etc are not their problem. It is up to you to sort these out to fit round your employment

This is why I handed my notice in 2 years ago and then took up the offer of a 2-day week, because that way I could balance my home/work life. I now feel caught between a rock and a hard place, as it seems my employer is not willing to be flexible

Guest101

Frogling wrote: »

When I am on annual leave, my line manager covers for me. Unfortunately, my husband cannot take any more annual leave until April, and these courses are all in end Feb, and March.

I did speak to my line manager initially about the difficulties I was encountering with attending courses. She advised me to put it in writing, which I did. She then passed the letter on to our home manager, who sent me the letter in reply.

This is why I handed my notice in 2 years ago and then took up the offer of a 2-day week, because that way I could balance my home/work life. I now feel caught between a rock and a hard place, as it seems my employer is not willing to be flexible

So is the reason you cannot do it because the courses are on set days, or that your manager wont cover those days?


In theory your husband could do one of the days as parental leave, but the rest obviously not.

ohreally

What is the course?

Undervalued

Guest101 wrote: »

So is the reason you cannot do it because the courses are on set days, or that your manager wont cover those days?


In theory your husband could do one of the days as parental leave, but the rest obviously not.

No really. As a parent he is entitled to short periods of unpaid leave to deal with sudden and unexpected emergency situations with a dependant. The wife doing a pre arranged course hardly meets the criteria.

Guest101

Undervalued wrote: »

No really. As a parent he is entitled to short periods of unpaid leave to deal with sudden and unexpected emergency situations with a dependant. The wife doing a pre arranged course hardly meets the criteria.

true, I meant more of a - "well in this case i'll stretch the truth to my employer situation."

motorguy

Guest101 wrote: »

true, I meant more of a - "well in this case i'll stretch the truth to my employer situation."

OR - "my wife has had a very difficult situation come up, i know i've used my annual leave entitlement for this year, but would it be possible for me to take a couple of days unpaid leave OR could i work the time up?"

motorguy

Frogling wrote: »

and these courses are all in end Feb, and March.

Any scope to get them rescheduled for April?