How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47411
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

Having worked in my current role since October 2008, I was

Resolved Question:

Having worked in my current role since October 2008, I was TUPE’d over to my new employer on 2nd February 2015. I work in the construction industry for which Health and Safety Certification is most important. My Site Managers Safety Training Scheme certificate expired in June 2015, my CSCS Card expired October 2015 and my 1st Aid Certificate expired in July 2016. My new employer has done nothing to offer me training to update these. I have not been happy in the role for a while and have been looking for alternative employment on and off over the last 12 months, but not having the necessary certification has made rejection commonplace. I was signed off work by my doctor on 27/07/16 as not being fit for work through stress at work. On 17/08/16 I was given a Doctor’s note stating that I may be fit to return to work subject to change of duties/reduced workload. Yesterday at a meeting with the HR Manager I was told this was unlikely and received an offer of basic legal minimum redundancy based on 8 year’s continual service. What are my options, bearing in mind I am likely to find re-employment difficult through lack of appropriate certification?
Submitted: 10 months ago.
Category: Employment Law
Expert:  Ben Jones replied 10 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 10 months ago.

Please can you tell me what the ideal outcome will be for you so that I can look into and advise you of your options? Please can you also tell me whether the employer has a responsibility to ensure your certificaiton has been renewed or whether this would be your responsbility? Thank you

Customer: replied 10 months ago.
The ideal outcome would be additional compensation for lack of suitable training. My current employer would need to ensure that they can prove to HSE that employees are suitably trained under HASWA, so the risk is owned by my employer. To get new employment it would be down to me to prove to a potential new employer that I was suitably trained.
Expert:  Ben Jones replied 10 months ago.

OK thank you, ***** ***** it with me. I will be in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Expert:  Ben Jones replied 10 months ago.

Many thanks for your patience. The first important thing to consider is whether the provision of such training was a formal requirement, be it under contract or under law. If this was a contractual requirement then under TUPE the employer should have continued providing that because all of your contractual terms and conditions transfer from the old employer to the new one and they would have a duty to honour these. If this was not a contractual guarantee then there would have been no obligation on the new employer following the transfer to provide such training. You would then need to look at whether this was a requirement under law, a specific legal obligation on the employer to ensure that such training is provided. If that was the case then it would be a requirement regardless of what was in your contract. In these circumstances their failure to provide the training could allow you to consider resigning and claiming constructive dismissal, or if they were to dismiss you as a result of this – to claim unfair dismissal. They are initiating a redundancy now anyway so in the circumstances it may be best if you pursue an unfair dismissal claim against them and try to get compensation for future losses that way.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow to take this further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 10 months ago.

Thank you. Whether you resign or are dismissed you would have to go to the employment within 3 months of the end of your employment. A new feature in the employment tribunal’s claims process is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal.

If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement.

The conciliation procedure and the form to fill in can be found here:

https://ec.acas.org.uk/Submission/SingleClaimantPage

In terms of the time limits within which a claim must be presented, the early conciliation process places a ‘stop’ on that and the time between notifying ACAS and them issuing permission to proceed with the claim would not count for the purposes of these time limits.

Related Employment Law Questions