Forced to complete NVQ level 3

HarryNash88

Hi all, 
My first post here, the situation is my mum who is now 2 years away from retirement age has been told she will now need to complete a catering NVQ level 3 for her
job as a cook in a elderly care home and that it is mandatory. She has worked in her current role for 3-4 year and worked as the kitchen assistant before that. it has been explained to her that the company will pay the cost and that it will also take close to 18 months to complete, no previous cook has needed to complete this training (nor have they had the NVQ to begin with) also being so close to retiring she sees this as a waste of her and companies time/money.

my question,
is the training in this situation actually compulsory?
should she retire after the 2 years will she then be forced to pay back the course fees (Clawback?)

Thank you for any Help
Harry

TELLIT01

If the employer decides that cooks must complete NVQ level 3 that is their prerogative.  Given your mother's situation it would seem a bit pointless.  Has she raised the issue with the company? If she has, and they continue to insist, she has little option other than to comply.  She should get confirmation in writing that she will not have to repay any of the course costs.

JamoLew

I think this may be a case of the employer not assuming that your mum is going to retire at her retirement age

As @TELLIT01 says - she needs to have an honest discussion with them about her retirement plans and how that fits in with this educational "requirement"

oh_really

Would the employer perhaps consider an alternative such as lvl 3 food hygiene course.

BrassicWoman

if they require her to complete it, they cannot also put in a clawback agreement,
if I were mum, I'd just get it done. It's something different!

elsien

BrassicWoman said:

if they require her to complete it, they cannot also put in a clawback agreement,
if I were mum, I'd just get it done. It's something different!

Do you have a source for this? My qualification was a requirement but I still had to sign a clawback agreement. 

BrassicWoman

elsien said:

BrassicWoman said:

if they require her to complete it, they cannot also put in a clawback agreement,
if I were mum, I'd just get it done. It's something different!

Do you have a source for this? My qualification was a requirement but I still had to sign a clawback agreement. 

Advice from our solicitors at the time of developing clawback agreements, but this article covers it.
https://www.reculversolicitors.co.uk/can-employers-claw-back-training-costs-if-the-employee-then-leaves/
If it is 1) essential training, 2) you are an employee, and 3) you refuse to sign a clawback, in practical terms the employer then needs to work out how to legally dismiss you or redeploy you.  Not worth it for an NVQ. Possibly worth it for a four year accountancy qualification. I'd be amazed if this catering one wasn't being funded by the apprentice levy though, so no clawback applies there either.

Thrugelmir

JamoLew said:

I think this may be a case of the employer not assuming that your mum is going to retire at her retirement age

Probably not directed at her personally. Nor can an employer force an employee to retire just because they've hit SRA. In fact many people do carry on working in some capacity post SRA. Be worse if the employer said it isn't worth our bother to train you. 

molerat

If they said "All cooks need to train to NVQ3 level but we aren't going to train you because you are too old / reaching state pension age" that would be clear age discrimination.  The ball is squarely in your mother's court now, she can discuss her options with management.  Bear in mind the care sector is under increased pressure to ensure all boxes are ticked and the ability to show that all staff are fully qualified to meet the needs of those in their care goes a long way to that.

MalMonroe

HarryNash88 said:

Hi all, 
My first post here, the situation is my mum who is now 2 years away from retirement age has been told she will now need to complete a catering NVQ level 3 for her
job as a cook in a elderly care home and that it is mandatory. She has worked in her current role for 3-4 year and worked as the kitchen assistant before that. it has been explained to her that the company will pay the cost and that it will also take close to 18 months to complete, no previous cook has needed to complete this training (nor have they had the NVQ to begin with) also being so close to retiring she sees this as a waste of her and companies time/money.

my question,
is the training in this situation actually compulsory?
should she retire after the 2 years will she then be forced to pay back the course fees (Clawback?)

Thank you for any Help
Harry

Hi, as someone who retired a few years ago but is now starting to set up my own small internet business, I have to say that I really do think this is a great opportunity for your mum. That her employer doesn't see her as someone who is not worth bothering with because she's nearing retirement age is really refreshing. Her employer wants to pay for new training for her. I think it's really fantastic. Once she's finished the training, she may find that she'd like to stay on longer than retirement age, or her employer may wish to offer her a supervisory role once she's done the course. Or at the very least, increase her salary because she has an accredited qualification.  

If it were me, I'd embrace this opportunity, I really would. An NVQ3 qualification is certainly something to be proud of and is also very well thought of by many employers. Your mum has the opportunity to do this course for free - a lot of people would jump at the chance. I'd grab it with both hands! 

It's such a positive thing for your mum that she's being treated so fairly and so well by her employer. Just because she's nearing retirement age does not mean that she has to retire at that age and what a forward thinking employer she has. She may feel that she's being forced into this training but I honestly do think it is a great opportunity for your mum. Many congratulations to her for impressing her employer so much that they are prepared to give her this training for free! It's a good thing. Please encourage her to do the training. She obviously has great potential and her employer can see that. 

JamoLew

Thrugelmir said:

JamoLew said:

I think this may be a case of the employer not assuming that your mum is going to retire at her retirement age

Probably not directed at her personally. Nor can an employer force an employee to retire just because they've hit SRA. In fact many people do carry on working in some capacity post SRA. Be worse if the employer said it isn't worth our bother to train you. 

That was my train of thought - you said it much better