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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44896
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My son has recently been working (mainly warehouse work) for

Customer Question

My son has recently been working (mainly warehouse work) for an agency (GI Group) through the local Coalville office. For one of the jobs, they referred him on to another part of GI Group who asked him (and others) to attend an induction and training day with Boots in Burton-Upon-Trent.

Only when they were already at the training/induction did my son get told that he wouldn't be paid for the training and induction until after he had completed his first shift. 5 weeks later and despite chasing them several times, he has not been given any shifts and has now got another job.

My son has been in touch with the agency who for the past 2-3 weeks have been telling him they are going to sort it out - today they confirmed they will NOT be paying him for the training and induction (1.5 days) as he didn't complete a shift afterwards. Although it's a small amount of money (approx £80), it doesn't feel right for someone to be asked get up at 4.30am to go to work to then be told when they are already there that they won't get paid unless certain follow-on activity outside of my son's control takes place.

What are his options please?

Best wishes, Justin Hobbs.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.

Ben Jones :

Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me know what you hope to achieve

Ben Jones :

Hi can you please clarify if there were any written documents/contracts/policies that dealt with such payments - basically anything that can confirm what his rights were in this situatin?

JACUSTOMER-o90h41iz- :

There is nothing in the documentation the agency supplied him that covers this situation.

Ben Jones :

According to the National Minimum Wage Regulations, attending training which has been "approved by the employer" will generally count as working time for which the worker must be paid at least the minimum wage. Such training would includes:

  • Attending during normal working hours at a place other than his normal place of work for the purpose of receiving training approved by the employer.
  • Travelling during normal working hours between the workplace and place where the training is provided.
  • Receiving such training at the workplace.

Whilst he can request payment for this time and take the matter as far as he needs with the agency, if they refuse to pay him all he can do is take them to the employment tribunal or the small claims court to pursue this further. Whether he would want to do this for £80 is for him to decide.

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