Can my employer make me pay for my NVQ

Undervalued

Guest101 wrote: »

Yes, absolutely.

Not quite absolutely!

As others have indicated there would need to be a specific signed agreement in place and even then the amount reclaimed would need to be reasonable and proportionate.

So, if the OP were to agree then leave after say 1 year and 11 months, it is unlikely the employer could get away with reclaiming the whole amount.

The problem often is that the employer can of course deduct the whole amount from the final pay, right down to zero, leaving the employee to take the risk of suing if they think the amount deducted is excessive.

Leo2020

From http://www.educationengland.org.uk/documents/pdfs/2014-eyfs-statutory-framework.pdf

"In group settings, the manager must hold at least a full and relevant level 3 qualification and at least half of all other staff must hold at least a full and relevant level 2 qualification. The manager should have at least two years’ experience of working in an early years setting, or have at least two years’ other suitable experience. The provider must ensure there is a named deputy who, in their judgement, is capable and qualified to take charge in the manager’s absence"

My understanding is that if you are only a Level 1/2 then you are pretty limited in what you can do. I used to volunteer at a nursery and was told that only Level 3 could do anything to do with personal hygiene - toileting, nappy changes, etc. Also only Level 3s can work with children unsupervised. Also there are staffing level/child ratios depending on the childrens' ages for the nursery to think about - at least one person should hold a Level 3 qualification. Therefore they may need you to achieve this qualification otherwise they have the incorrect child/staff levels.

so_very_confused

If it is a residential child care setting then the NVQ 3 is the minimum requirement for all staff.
I have heard of this being implemented and most people agree as it is the first step on a career. You need to think carefully as to what you want. Maybe try to negotiate sliding scale.

Savvy_Sue

TBagpuss wrote: »

I think that to be enforceable the condition has to be in writing and that you have to have signed to agree to it, but double check.

That is correct.

If you DO leave before the time is up to go to another childcare provider, you could ask them to repay your training fees - I've known accountants who've been able to do this, ie get the new company to pay for the training they've had to repay to the old company.

Leo2020

Savvy_Sue wrote: »

That is correct.

If you DO leave before the time is up to go to another childcare provider, you could ask them to repay your training fees - I've known accountants who've been able to do this, ie get the new company to pay for the training they've had to repay to the old company.

A lot of providers stuggle to make money - parents not paying fees, lack of funding to cover cost of free childcare. I suspect many providers wouldn't cover the cost especially when there will be other canditates that don't owe any training costs. Of course they could ask any potential new employer to pay but I wouldn't put too much hope on it.

DCFC79

lovehearts321 wrote: »

I work in childcare and recently received a letter from my employer stating that I must do an NVQ level 3 in childcare, that this is not optional training and it is an OFSTED requirement.

I am due to start this course soon and the course costs £1500. The employer will pay the fee, however they state that if I leave my job in the next two years after completing the NVQ, I will have to pay them back.

Can they enforce this? I have no immediate intentions to leave, however it feels like I am being held to ransom. I am being forced to do the course, since its an OFSTED requirement but then will have to pay for it if I leave them?!?

Can anyone provide any advice?

Your not forced to do it as you could leave the employer and work elsewhere.

You say yourself that you have no intentions to leave so do the course, look at it as a bonus your getting a course paid for, you just need to stay with your employer for the 2 years.

Why not put x amount every month into a bank account in the off chance you do leave you have the money (or will do) to pay them back.