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Learning Agreement - Company not fuffiled contract

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  • Learning Agreement - Company not fuffiled contract

    posted this in VIP but no luck there so here we go


    ok just thought i would get the started as time is at the essence,

    I currently work for St John Ambulance Private sector working on the ambulances as an Trainee IHCD Technician.

    Long story Short

    November last year i applied for a IHCD tech course which should of be 7/8 weeks but St John managed to Condense it into 3 weeks.

    I did sign a learners agreement at the time as i was happy with my job and settled.

    i completed the course at the end of Novmber 2015,

    On completion of the course,students must complete 750 hours of probationary work with a HPC registered Paramedic or an IHCD qualified Ambulance Technician.

    Which until now i have only done 24 hours altogether with a mentor... on another point you only have 18 months to complete the 750 hours mentored ( which should take 6 months give or take with an actually mentor )

    St John Promised me i would have a mentor for my first shift ( which i never had ) and i would regularly get shifts with qualified staff to complete my Actual course/portfolio.

    Also since Xmas i have asked about job security at my Ambulance Station at Skipton as there is lots of rumours about it closing due to costs/staffing etc) My actual boss when asked by myself and other colleagues Refused to anwser this..

    Meaning my job wasnt secure and i needed to start looking elsewhere.

    Also as i was not getting the full support of mentorship and getting emergency jobs i was not happy about this, i have requested about mentors numerous times but keep getting told its in the pipeline so to speak.

    Also we were told to sign on as Qualified Technicians to Yorkshire Ambulance which i refused to do and signed on as a Trainee Tech with no mentoring just to cover my back, nothing was ever said to me.

    Another point we were not getting the correct drugs, we had most but not the most common drug which is Salbutumol which is used for Shortness of Breath.

    I on numerous times asked for this and was refused ( down to politics within SJA ) the amount of times i needed it was crazy.
    Also on the course we were promised work shops which ive never been offered or actually seen advertised.

    there is so much more which i will write down...
    basically they do stuff on the cheap and on the sly..
    i did whistle blowed last year due to unsafe working/driving hours which changed how the company worked for the better.

    I have been offered a job as a TRAINEE Tech with Yorkshire Ambulance which is secure and start in two weeks.
    I handed my notice period of 4 weeks into work 3 weeks ago and i am suppose to finish next week.

    I rang HR last week who decided to ignore me for two days, as i couldnt chase up as i was on the road, i rang and emailed until HR phoned me two days later ( this is during the week also) and told me my final wage is unaltered at that moment in time she could see ( this was friday just gone) but i do have a learners agreement...

    i contested this on the phone and explained how SJA have not fulfilled the part of the agreement as it you calculated 18 months after i completed my course ( which is the maximum time allowed ) i would of only accumulated 5 mentored shifts at 12 hours = 60hours
    which i would be 690 hours short of my 'mentored hours'
    she said i would have to take it up with my team leader whom i emailed, and today i got a phone call from our area manager telling me my whole wage is being deducted due to my signed learners agreement.

    I mentioned above he said it doesnt matter due to your signed agreement,

    I then said id be in finicial hardship as i have no savings and a family of 5 to support, also my wage pays my rent, ( next wage with new job wouldnt be coming in until june 29th at the earliest)
    i put the phone down when he started saying no no no no you have signed a official document...


    So i have come here in hope someone can help me, has im going out of my mind!

    I have lots on this company but dont want to blackmail.~( which i could do, write to papers etc)

    ( if anyone read last years topic about driving hours etc this is the same manager )

    RANT OVER

    Received my contract last night so nearly two days waiting for it and noticed its not been signed by HR any relevance there?
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  • #2
    Re: Learning Agreement - Company not fuffiled contract

    Is that all of the agreement? Where is the requirement that 750 probationary work must be completed and who does that come from?

    You may have a case if they have been negligent themselves in failing to provide you with the mentors to complete your hours and workshops if that formed part of the agreement then they could be in breach of contract. Not to mention the fact you were told to sign yourself on as a qualified technician.

    It will probably fall under unlawful deduction of wages/breach of the training agreement. Are you still working there? Either way I would lay it on thick and say you disagree with the deduction which you deem is unlawful. Despite them knowing that you are required to complete your the specified hours after training they have failed to do so, not to mention what I presume to be fraudulent misrepresentation about telling you to sign on as a qualified technician? Any deduction of wages will mean you will commence proceedings against them?

    Would suggest sending a letter of something like that to both HR department and your soon to be ex manager. Perhaps they may not want to take it to court, particularly if you have other people who have been told to sign on as a qualified techician when they are not!
    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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    LEGAL DISCLAIMER
    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

    Comment


    • #3
      Re: Learning Agreement - Company not fuffiled contract

      Thanks again Rob
      Would them not signing the contract negate it

      Comment

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