The Student Room Group

My employers are making me pay them £1800?

After school closed early, I decided to get a job working as a visiting carer, mainly because I thought it would be a nice way to make money, and it’s linked to my future career as a doctor. I love the job a lot, and it has been very enjoyable. For context, my employer had me pay for the compulsory uniform, I was told by my colleague that we also have to pay for PPE which I made the mistake of taking lots of from the company on my first day (I packed on disposable gloves + face masks because I thought they were free and provided for by the company as we’re in the middle of a f*****g pandemic but I guess not). I work 6 days a week, even though I don’t want to (the company told me that because I put my availability as fully available and fully flexible that apparently that means I wanted to work everyday) however, we aren’t paid for travel time or anything like that, so what feels like a 10 hour shift and occupies my whole day boils down to about 5 paid hours a day on a good day. On average I work about 22 hours a week at a rate of 10.55.

After nearly a month of working there, I was sent an email yesterday saying they need me to complete a DBS form and that they will deduct the DBS fee and an administrative fee of £10 which means I’ll pay about £70. I already have a valid DBS, but for some reason they don’t want to accept. I wanted to challenge them about it but I thought I might as well get a new DBS and then I’ll sign up for that thing that keeps renews it yearly instead.

Today, I was sent an email asking me to sign documents saying that if I am dismissed or resign after 3 months, something that I planned to do that I would need to pay the full cost of the online training programme, which is literal powerpoints which show me how to do common sense things like put on a face a mask, administer medication in a cup, put on gloves. If I resign within 6 months then I need to pay 75% of the training costs. It will only be free if I remained employed for 12 months +. I was set 30 training tasks, and each training task cost £60. I plan to go to university in 4/5 months and my university is NOWHERE near my current place of work. I don’t know why they didn’t include this in any contracts or why I wasn’t informed until 1 month later. I don’t even make anywhere near 1800 a month working this job, so I don’t know if they expect me to pay out of my own pocket using my student loans or something??? I’m so anxious, this is so unreal
i doubt those fees are enforceable. speak to a solicitor
Original post by shinypixel
After school closed early, I decided to get a job working as a visiting carer, mainly because I thought it would be a nice way to make money, and it’s linked to my future career as a doctor. I love the job a lot, and it has been very enjoyable. For context, my employer had me pay for the compulsory uniform, I was told by my colleague that we also have to pay for PPE which I made the mistake of taking lots of from the company on my first day (I packed on disposable gloves + face masks because I thought they were free and provided for by the company as we’re in the middle of a f*****g pandemic but I guess not). I work 6 days a week, even though I don’t want to (the company told me that because I put my availability as fully available and fully flexible that apparently that means I wanted to work everyday) however, we aren’t paid for travel time or anything like that, so what feels like a 10 hour shift and occupies my whole day boils down to about 5 paid hours a day on a good day. On average I work about 22 hours a week at a rate of 10.55.

After nearly a month of working there, I was sent an email yesterday saying they need me to complete a DBS form and that they will deduct the DBS fee and an administrative fee of £10 which means I’ll pay about £70. I already have a valid DBS, but for some reason they don’t want to accept. I wanted to challenge them about it but I thought I might as well get a new DBS and then I’ll sign up for that thing that keeps renews it yearly instead.

Today, I was sent an email asking me to sign documents saying that if I am dismissed or resign after 3 months, something that I planned to do that I would need to pay the full cost of the online training programme, which is literal powerpoints which show me how to do common sense things like put on a face a mask, administer medication in a cup, put on gloves. If I resign within 6 months then I need to pay 75% of the training costs. It will only be free if I remained employed for 12 months +. I was set 30 training tasks, and each training task cost £60. I plan to go to university in 4/5 months and my university is NOWHERE near my current place of work. I don’t know why they didn’t include this in any contracts or why I wasn’t informed until 1 month later. I don’t even make anywhere near 1800 a month working this job, so I don’t know if they expect me to pay out of my own pocket using my student loans or something??? I’m so anxious, this is so unreal

I wouldn't worry about it, as it wasn't included in your contract. These things have to be included in your contract for them to be legally binding.
Reply 3
Original post by shinypixel
After school closed early, I decided to get a job working as a visiting carer, mainly because I thought it would be a nice way to make money, and it’s linked to my future career as a doctor. I love the job a lot, and it has been very enjoyable. For context, my employer had me pay for the compulsory uniform, I was told by my colleague that we also have to pay for PPE which I made the mistake of taking lots of from the company on my first day (I packed on disposable gloves + face masks because I thought they were free and provided for by the company as we’re in the middle of a f*****g pandemic but I guess not). I work 6 days a week, even though I don’t want to (the company told me that because I put my availability as fully available and fully flexible that apparently that means I wanted to work everyday) however, we aren’t paid for travel time or anything like that, so what feels like a 10 hour shift and occupies my whole day boils down to about 5 paid hours a day on a good day. On average I work about 22 hours a week at a rate of 10.55.

After nearly a month of working there, I was sent an email yesterday saying they need me to complete a DBS form and that they will deduct the DBS fee and an administrative fee of £10 which means I’ll pay about £70. I already have a valid DBS, but for some reason they don’t want to accept. I wanted to challenge them about it but I thought I might as well get a new DBS and then I’ll sign up for that thing that keeps renews it yearly instead.

Today, I was sent an email asking me to sign documents saying that if I am dismissed or resign after 3 months, something that I planned to do that I would need to pay the full cost of the online training programme, which is literal powerpoints which show me how to do common sense things like put on a face a mask, administer medication in a cup, put on gloves. If I resign within 6 months then I need to pay 75% of the training costs. It will only be free if I remained employed for 12 months +. I was set 30 training tasks, and each training task cost £60. I plan to go to university in 4/5 months and my university is NOWHERE near my current place of work. I don’t know why they didn’t include this in any contracts or why I wasn’t informed until 1 month later. I don’t even make anywhere near 1800 a month working this job, so I don’t know if they expect me to pay out of my own pocket using my student loans or something??? I’m so anxious, this is so unreal

Don't sign the documents they have sent you. Employers can only deduct for training if it was in the contract or agreed before hand - see ACAS:

https://www.acas.org.uk/final-pay-when-someone-leaves-a-job/deductions-for-training-courses

You might find it helpful to contact them to discuss your situation. There is a helpline number on the link.
Reply 4
Original post by davidthomasjnr
I wouldn't worry about it, as it wasn't included in your contract. These things have to be included in your contract for them to be legally binding.

Would it be recommended for me to quit my job? I’m scared that if I give any notice that they will try and deduct from my pay check. I’ve read over all the contracts and documentation I signed, and nowhere was it mentioned I’d pay for anything aside from the DBS.
Original post by shinypixel
Would it be recommended for me to quit my job? I’m scared that if I give any notice that they will try and deduct from my pay check. I’ve read over all the contracts and documentation I signed, and nowhere was it mentioned I’d pay for anything aside from the DBS.

Since all your contracts and documents you previously signed never mentioned that you would have to pay the training fees, I would highlight this to your line manager, and clarify that you are not signing any new contracts that now add this information (as per the suggestion of @marple). You must do this (email or letter is better), so you confirm you do not agree with the new terms and conditions of any contract except the original, and that your employer must stick to the original one if they want you to work there.

It's normal for new employers to insist you have a new DBS completed, as a criminal offence could have been completed after you had your last DBS, though you can get automatic DBS updates online nowadays to avoid this sort of problem, via a paid subscription. However, it's not fair for you to be liable for the costs of training if and when you leave, as you took the job based on the information provided at the point of recruitment and the contract you signed. They have to make that clear in the original contract, not after!

If your employer is not understanding after you explain that you are not willing to sign the new contract because your original contract does not make such stipulations, I would suggest following the advice on this website: https://www.citizensadvice.org.uk/work/rights-at-work/pay/problems-getting-paid/

To try and resolve this issue, you can speak to a trade union for advice and mediation, raise a grievance with your employer, or resign, as they cannot recover training costs from you if it's not already in your contract. If you want to resign, make sure you give the appropriate notice based on your original contract (usually 4 weeks), including if this contract requires you to continue working/ training new staff within the notice period. However, it is unlawful for your employer to withhold your salary because of your resignation, unless you breach the terms and conditions of your original contract, or for example, they deduct it due to the PPE you took from the company. I know you said it was a mistake, but the latter is a reason employers can withhold salary. Regardless, if they do withhold your salary without proof of either one, you can sue them: https://www.peninsulagrouplimited.com/guides/employer-withholding-pay/

However, I am sure your employer would rather not go down this road. Before and during your resignation, be sure you keep an eye on exactly how much you are owed, and try your best to be professional and avoid breaking the employment terms of your original contract. Give back the PPE you took if possible and make sure everything you and your employers discuss are documented in writing (email or letter), which are legally admissible in case the worst happens.

Hope this helps.
Reply 6
Original post by davidthomasjnr
Since all your contracts and documents you previously signed never mentioned that you would have to pay the training fees, I would highlight this to your line manager, and clarify that you are not signing any new contracts that now add this information (as per the suggestion of @marple). You must do this (email or letter is better), so you confirm you do not agree with the new terms and conditions of any contract except the original, and that your employer must stick to the original one if they want you to work there.

It's normal for new employers to insist you have a new DBS completed, as a criminal offence could have been completed after you had your last DBS, though you can get automatic DBS updates online nowadays to avoid this sort of problem, via a paid subscription. However, it's not fair for you to be liable for the costs of training if and when you leave, as you took the job based on the information provided at the point of recruitment and the contract you signed. They have to make that clear in the original contract, not after!

If your employer is not understanding after you explain that you are not willing to sign the new contract because your original contract does not make such stipulations, I would suggest following the advice on this website: https://www.citizensadvice.org.uk/work/rights-at-work/pay/problems-getting-paid/

To try and resolve this issue, you can speak to a trade union for advice and mediation, raise a grievance with your employer, or resign, as they cannot recover training costs from you if it's not already in your contract. If you want to resign, make sure you give the appropriate notice based on your original contract (usually 4 weeks), including if this contract requires you to continue working/ training new staff within the notice period. However, it is unlawful for your employer to withhold your salary because of your resignation, unless you breach the terms and conditions of your original contract, or for example, they deduct it due to the PPE you took from the company. I know you said it was a mistake, but the latter is a reason employers can withhold salary. Regardless, if they do withhold your salary without proof of either one, you can sue them: https://www.peninsulagrouplimited.com/guides/employer-withholding-pay/

However, I am sure your employer would rather not go down this road. Before and during your resignation, be sure you keep an eye on exactly how much you are owed, and try your best to be professional and avoid breaking the employment terms of your original contract. Give back the PPE you took if possible and make sure everything you and your employers discuss are documented in writing (email or letter), which are legally admissible in case the worst happens.

Hope this helps.

3AE32911-4E9C-4FFB-8127-3D6BDA510C95.jpeg

Hi sorry, I’m reading through my employee handbook and it says this. Although it doesn’t explicitly say that I owe them money if I quit within 3 months, it suggests they can deduct the training costs. I want to resign and put in my notice ASAP, but I am afraid that they will withhold my entire pay.
Original post by shinypixel
3AE32911-4E9C-4FFB-8127-3D6BDA510C95.jpeg

Hi sorry, I’m reading through my employee handbook and it says this. Although it doesn’t explicitly say that I owe them money if I quit within 3 months, it suggests they can deduct the training costs. I want to resign and put in my notice ASAP, but I am afraid that they will withhold my entire pay.

That's okay, this information was not provided to you in your signed contract, nor as supplementary information by your employer at the time you signed your contract (the latter is legally a bit dubious), if I am understanding correctly from what you said before! Therefore, the handbook is still irrelevant, as you never signed a contract containing this specific company policy and never agreed to those conditions of employment as such. Whenever it was given, providing a handbook is not the same as signing a legally binding contract, and if anything, providing such a handbook after being employed is inappropriate, since I am sure this information would likely have dissuaded you from taking on this job.

To be sure, check the contract you signed originally to see if there was any stipulation that you needed to pay back costs of training or anything if you resign. If there isn't, your employer has no legal right to withhold your salary if you resign (excluding exceptions), as per my explanation in my previous post. The handbook states these factors are only relevant during or after "termination" of your employment, which is different from you resigning from your post. Termination is generally intended to mean when someone is fired; they lose their job as an employee against their will. These should not apply to you if you resign (especially as they were not in your contract), giving the appropriate notice and follow all the terms of your contract. I digress, I'm not in anyway a legal expert regarding terminology, legality etc., so I would fully implore you to pursue legal advice and assistance from ACAS and/ or an appropriate trade union.


Hope this helps!!
Reply 8
Original post by davidthomasjnr
That's okay, this information was not provided to you in your signed contract, nor as supplementary information by your employer at the time you signed your contract (the latter is legally a bit dubious), if I am understanding correctly from what you said before! Therefore, the handbook is still irrelevant, as you never signed a contract containing this specific company policy and never agreed to those conditions of employment as such. Whenever it was given, providing a handbook is not the same as signing a legally binding contract, and if anything, providing such a handbook after being employed is inappropriate, since I am sure this information would likely have dissuaded you from taking on this job.

To be sure, check the contract you signed originally to see if there was any stipulation that you needed to pay back costs of training or anything if you resign. If there isn't, your employer has no legal right to withhold your salary if you resign (excluding exceptions), as per my explanation in my previous post. The handbook states these factors are only relevant during or after "termination" of your employment, which is different from you resigning from your post. Termination is generally intended to mean when someone is fired; they lose their job as an employee against their will. These should not apply to you if you resign (especially as they were not in your contract), giving the appropriate notice and follow all the terms of your contract. I digress, I'm not in anyway a legal expert regarding terminology, legality etc., so I would fully implore you to pursue legal advice and assistance from ACAS and/ or an appropriate trade union.


Hope this helps!!

you are amazing, that was so helpful thank you so much!!!

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