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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46183
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Ihave worked for central Manchester NHS trust now for 18 months,

Customer Question

Ihave worked for central Manchester NHS trust now for 18 months, my boss has approached me to say they cannot get my previous work history from another Trust and that now I must do an apprenticeship to gain my level 2 health care support worker.This I already have but can only prove it by pay slips.. I feel all this should have been in place before I started work there.. what would you advise
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Did you transfer from one trust to the other or was the employment completely unrelated?
Customer: replied 2 years ago.

I left one trust to work at another. I had been offered the job 3 months prior to starting, when I contacted the theatre matron who offered me my post she said that central personel were still waiting for references and paperwork from previous employers, I asked who and she told me Stepping |Hill Hospital in Stockport Cheshre

Expert:  Ben Jones replied 2 years ago.
Hello, whilst ideally the current employer should have tried to resolve this before you started working for them, that may not have been possible because it would depend on the efficiency of the previous employer. So the current employer may have been making enquiries with them over this whole period but if there have been delays from the old employer’s side then that would have been largely out of the current employer’s hands.

Unfortunately, not all employers are as efficient or reliable as we may expect them to be and it does happen that sometimes files or information may be misplaced. You cannot really blame the current employer for that though as they can only work with whatever information is available so if they cannot establish that you have completed certain training, they can ask you to undertake that again, especially if this is a regulatory issue or something NHS policies require you to have to undertake the specific job you are doing.

However, before they require you to do the training again, you should both try and resolve this by approaching all parties that may hold information about your training history, such as the organisation that provided the training, to see if they can provide any confirmation of what you did.

The issue with pursuing the old employer is that they do not have a legal obligation to retain your personnel record for any specific period of time after you leave their employment. It is good practice to retain personnel and training records but it is not a specific legal requirement to do so, therefore if they no longer hold them it is not a breach on their part. So if it is impossible to prove that you undertook this course, you may have to do it again, but only if all efforts have proven fruitless.

I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you

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