Is this legal ?

[Kay_123]

I worked as a part time carer i had no contract as i was on a probationary 3 months but i decided to quit after 3 weeks as they were not giving me the hours and terms we had agreed in my interview. They have kept all my wages for the 3 weeks i worked saying i owe it them for training is this legal ?

[BRIGADIER2JCS]

Probably yes often this kind of restriction is placed on

care workers when a company offers training that would

be of value to the person getting another job.

[citizenB]

Surely they could only do that if there was a contract stating so ?

[BRIGADIER2JCS]

Surely they could only do that if there was a contract stating so ?

 

My daughter is a care home manager with a multinational company,

this is always a condition of employment as the training offered is

structured to NVQ/ Degree level training including is some cases

college courses which are not cheap.

Normal procedure is for all training costs to be repaid if the employee

leave within 1 year 50% after 2 years.

[Kay_123]

I was only there for 3 weeks it involved going out on a push bike from house to house , trouble is after saying in the interview i would get 33 hours plus and only calls local to me it didn`t work out that way at all. They took £62.00 for a crb check ( I realise this was not training my mistake ) and £50 for a 1 hour manual handling and lifting training held in their office with a lifting hoist that didn`t work , but i did get a certificate, not that it will do me much good . It just seems unfair as ive just been offered employment in a home but now they want money up front for a crb check as they wont accept it from the other company even though its only 3 weeks old.

[assisted blonde]

With ref to the CRB check it is really only valid on the day it is written so your new prospe tive employer would reasonable in asking for another one in your type of work employers have to be extreemly careful in following proceedures for checking applicants as if somthing goes wrong they need to show they had done all they could to ensure the safety of their clients. Also your first employer cannot send your CRB to your prospective new employer as it is confidential, you would have to show them your own copy but as I said it is now out of date.

[Kay_123]

With ref to the CRB check it is really only valid on the day it is written so your new prospe tive employer would reasonable in asking for another one in your type of work employers have to be extreemly careful in following proceedures for checking applicants as if somthing goes wrong they need to show they had done all they could to ensure the safety of their clients. Also your first employer cannot send your CRB to your prospective new employer as it is confidential, you would have to show them your own copy but as I said it is now out of date.

 

I suppose i can see that , it just seems a big expense for somebody to have to lay out who`s not working .

[numbers666]

Simple terms no they cannot....

 

Have you an offer letter, anything in writing ? Was anything said about 'training' costs ?

 

1/ You have worked for x hours at y minimum wage - law!

 

2/ rentention of wages is illegal - unfair deduction of wages

 

7 day lba requesting payment of wages due else you will seek recourse to small claims..

 

N

[assisted blonde]

Not an unfair deduction if part of agreement to take back training costs on leaving within a certain amount of time. How much are you owed in wages? what are the costs they want to deduct? custom and practise can imply a contractual term.

[becky2585]

Custom and practice can't imply a deductions term. It has to be contractual.

 

I would say its unlikely they can do this, but I'd check your contract. If they don't pay up, id issue a claim for unlawful deduction from wages. I think, without checking, that deductions can't fall below NMW level in any event.

[assisted blonde]

Sorry Becky yes custom and practise cannot imply a deductions term my mistake.