Courses

[Bomber99]

Hi all
My wife works in a care home and has worked at this home for 7+ years. The family that run the home sold it on to another business. The present owners put on many courses over the year and expect all employees to attend them whether they are at work or if it is their day off, although they do pay for the hours spent doing the course if it is your day off. It has now come to light that if you don’t attend the course on your day off they charge you £25 for none attendance. This money is taken directly out of their monthly pay. So the question we are asking, can they legally take this money even if you disagree with it.

thanks for any help in this matter

[ULA]

Is there anything in your wife's contract that allows a deduction from wages for non attendance of training, or has your wife signed anything separately to her contract that allows for such a deduction.

[Bomber99]

Thank you ULA for your response. At present she is on a course so will ask her when she comes in.
As far as I am aware there is nothing in her contract to this effect and she certainly has not signed anything allowing them deduct monies

[ULA]

If there is nothing in her contract or no separate signed agreement to the deductions, then if any are made it is potentially an unlawful deductions of wages.

[Bomber99]

Hi ULA
I have spoken to the wife and there is nothing in her contract regarding taking payments out of wages for missed courses.
May I ask another question on her behalf.
In her contract from previous owner of the home bank holidays including Christmas/new year would be paid at double time at the owners discretion. This year the new owners are going to pay the staff time & a half for bank holidays Christmas/ new year. They realise this may cause them some problems, so have told all staff if they go sick over the holidays and not produce a doctors note for the absence they will take disciplinary action against them. They said they will not accept self certified notes. What action can the employees take if the owners take disciplinary action against them in these circumstances

[ULA]

Just to cover off the course issue, in my opinion, if the contract does not allow for this deduction or anything of a similar nature then potentially an unlawful deduction of wages if it is made.

On the other question re: payment of bank holidays at double contractually this rate of pay is at owners discretion which means exactly that i.e. they can decide to pay at this rate or not. The new owners have given due notice in advance of the next set of bank holidays that the rate will be time and half. I am not sure there is much that can be done albeit there may be a possibility on an argument for custom and practice if this had happened for many years for each bank holiday.

My understanding on sickness absence is that it is up to the employer what evidence to request, however they are not allowed to ask for a medical certificate (or ‘fit note’) for the first seven days of absence. I would therefore questions the fairness in taking disciplinary action against an employee that does not provide one.

[Bomber99]

Thank you ULA
will pass this info on