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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47388
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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there, I was wondering if anyone could tell me who is

Resolved Question:

there, I was wondering if anyone could tell me who is the legal owner of certificates of training that were earned whilst being employed, is it the certificate holder themselves or must they be left with the employer when they leave their job.
My son has been threatened with legal action as he took his certificates with him, even though he offered to leave copies company records.
many thanks Nigel
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

, my name is ***** ***** it is my pleasure to assist you with your question today. Did the employer pay training?

Customer:

no really, my son was transfered from his former employer under TUPE when the site at which he worked was sold, the former employer paid training and it is to this employer that he is returning to work after a a year with teh current employer. It is the current employer that has raised the issue of him taking his certificates

Ben Jones :

ok under TUPE the new employer would take on all rights, responsibilities and liabilities of the old employer so you should not see them as separate employers - they will have the same rights so it will just be a name change but you can assume that the new employer is the same as the old employer so even if it is the old employer that paid the new employer would have 'inherited' this right from them.

Ben Jones :

Does the old employer not have copies of the training certificates? Has he approached the training provider?

Ben Jones :

you can ignore the timer expiration message

Customer:

ok many thanks I will tell him that they need to be returned if they require them

Ben Jones :

you are welcome, also he can approach the training providers to see if he can get a copy as he is the named person on the certificates so that he could use them in the future if needed

Customer:

o.k many thanks, ***** ***** him draft a letter to them offering either the origional back or a photocopies if they prefer, and will tell him about approaching the trainer regards ***** ***** of origional.
many thanks Nigel

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