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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47417
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hello, I quit a job within the probationary with a well

Resolved Question:

Hello, I quit a job within the probationary period with a well known aesthetic chain of clinics. I felt intimated at work as I was being told I had to carry out tattoo laser on client from August onwards and received no proper training or models to work on. I was being lined up to take over a therapists client base who was going on maternity leave. I did not bring this up when I quit the role but told the manager who I found very intimidating and unhelpful that I had personal problems. I was charged £360 for training and she did not want me to return to the clinic so I become immediately unemployed. Two weeks later she emailed to ask me to come to the clinic to return the uniforms in exchange my for training certificates which I had paid for. I asked in email if she all of them but she avoided the answer. When I arrived there she told me to follow her to her office, she was very rude to me initially asking personal questions about my marriage and then told me she made a big mistake taking me on. she took the uniforms and only gave me half the certificates I had covered in training saying the rest would come by post from the Laser company. I noticed when I left here was one more missing than she had mentioned which was as well as IPL also Soprano Skin Tightening. I have not received anything in the post, the laser company have ignored my email and I have just called them and she person concerned with this told me she is waiting to see if she can send them to me or not.
Please can you advise if I have any kind of rights in this case? I feel I was bullied and intimated and lured to the clinic to be bullied on that day. I was vulnerable as I was alone and had endured a bad experience. I regret going back to the clinic now with the uniforms.
Please can you advise me?
Thank you
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

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

Ben Jones :

How long did you work there for?

Customer:

Hello Ben, I worked there for 5 weeks before I called in sick which led to the end of the role

Ben Jones :

OK, thank you, ***** ***** this with me - I will look into this for you, get my response ready and get back to you on here. No need to wait around and you will get an email when I have responded, thank you

Customer:

OK I appreciate your help, its causing me a lot of stress, thank you

Customer:

Hi Ben

Customer:

Just to check did you say you will be replying to this today for me on email? thank you Claire

Ben Jones :

Hi, thanks for your patience. You can do little about your experience on the day you went back to the clinic and the way you were treated at the time. Your main rights here are in relation to obtaining the training certificates for the training you undertook whilst employed there. Whether you can get any of these would depend on who ‘owns’ them. For example if the employer had paid for the training they could argue that they are the legal owners and that even though you personally did the training, as it was them who funder the training, that they could keep them. However, you could instead try and contact the training providers directly and get these from them. They may not have responded to your request yet but you should keep pushing them and hope for a successful resolution to this.

If you were the one who paid for the training and it was your own money that was spent on this then you may indeed argue that you own the certificates too and that they should be given to you, either by the employer or the training providers. You could actually send both parties a ‘subject access request’ under the Data Protection Act which requires them to send you any documents which amount to personal data (this would include anything which contains personal information about you from which you could be identified). In the circumstances this would be the certificates as they would contain your name and this is going to amount to such personal data. Hopefully you sending such a formal request would prompt them to forward you the certificates in question but if they refuse then you may have to go to court to seek damages if you have suffered losses from the failure to obtain these document.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

Hi Ben

Customer:

Hi Ben it does help a lot, I did end up paying for the training as they charged me via their contract but they have not given me all of the certificates. I feel I was bullied too though and had to leave due to the fact they wanted me to put a tattoo laser on peoples skin without training but I cannot prove that except for a date in my diary that training took place. I appreciate your help though as a local solicitor advised me to meet of around 200 pounds! money I don't have after what has happened although I do understand the costs from their perspective so thank you! I think I will walk away from this and just be glad I am not there any more!

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