Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
How long have you worked there and have you been provided with any reason for not covering your costs?
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Many thanks for your patience. First of all whilst your contract may not state anything about you requiring a licence, if this is dome as a result of a request by the client, there would be little the employer could do to avoid this. Therefore, introducing such a requirement would be fair even of it results in a change to your current terms and conditions.
The issue therefore is who should bear the costs of this and why are you not being treated the same as the other workers. If this is as a result of the client’s instructions, then again this may be beyond the employer’s control. Let’s say that the client had decided that they would contribute towards the costs of this requirement but it was them who decided that they would only do this for those whose training finished by 1 June. In that case the employer cannot really do much as it is the client’s decision.
However if this is a rule imposed by the employer, it is something you can try and challenge especially if you are treated differently to their existing employees. Whilst you cannot force the employer to pay for the training or treat you the same, you can complain about it, such as by raising a formal grievance. In the event that the grievance is unsuccessful, the only other option is to consider a claim for constructive dismissal.
This is your basic legal position. I have more detailed advice for you in terms of the law on constructive dismissal and how it can apply to you here, 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
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Thank you, ***** ***** this could potentially amount to constructive dismissal, which occurs when the following two elements are present:
· Serious breach of contract by the employer; and
· An acceptance of that breach by the employee, who in turn treats the contract of employment as at an end. The employee must act in response to the breach and must not delay any action too long.
A common breach by the employer occurs when it, or its employees, have broken the implied contractual term of trust and confidence. The conduct relied on could be a single act, or a series of less serious acts over a period of time, which together could be treated as serious enough (usually culminating in the 'last straw' scenario).
The affected employee would initially be expected to raise a formal grievance in order to officially bring their concerns to the employer's attention and give them an opportunity to try and resolve them. If the issues are so bad that the employee can't even face raising a grievance and going through the process, or if a grievance has been raised but has been unsuccessful, then they can consider resigning straight away.
If resignation appears to be the only option, it must be done without unreasonable delay so as not to give an impression that the employer's breach had been accepted. Any resignation would normally be with immediate effect and without providing any notice period. It is advisable to resign in writing, stating the reasons for the resignation and that this is being treated as constructive dismissal.
Following the resignation, the option of pursuing a claim for constructive dismissal exists. This is only available to employees who have at least 2 years' continuous service. There is a time limit of 3 months from the date of resignation to submit a claim in the employment tribunal.
An alternative way out is to approach the employer on a 'without prejudice' basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under a settlement agreement, the employee gets compensated for leaving the company and in return promises not to make any claims against the employer in the future. It is essentially a clean break, although the employer does not have to agree to it so it will be subject to negotiation. In any event, there is nothing to lose by raising this possibility with them because you cannot be treated detrimentally for suggesting it and it would not be used against you.
Just to make a final, yet important point, that constructive dismissal can be a difficult claim to win as the burden of proof is entirely on the employee to show the required elements of a claim were present. Therefore, it should only be used as a last resort.