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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46168
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Could you please give advice on a job matter. I saw a job

Customer Question

Hi could you please give advice on a job matter. I saw a job advertised for a Basildon carer, I applied and got the job. I was told that my cbs checks would take 3 weeks, in the mean time they told me I have to do care certificate 1,3,5,7 while I was still working my notice. Everyone was given a usb stick to copy of blank certificates to fill out. I broke mine accidentally, which I notified them of and got my sister to print of all 4 of them. Which took a lot of hours to do, as this is a change of career, come 3 weeks they still was not back. By this time I had worked my 3 weeks notice in a 14 year job, they then said no I said 3 months, which is the first lie. I said I wouldn't of handed in my notice if that was the case. I then had to go and sign on which I have never done, and was very stressful as this didn't even cover my direct debits. On the 7th week it came back, they took me on saying they had to sort work out for me. So my job started over billericy runwell... after 3 weeks I was given 4an half hours in morning 3 hours of then back out again til 10 at night, by the time I got home and got to sleep it left me with 5 an half hours or 6 hours sleep because of getting up the next day. And due to clients being so far away. I Brought up this problem and was told for me to get paid a 30 week I'd have to do 45 hours a week. I couldn't make this out , and was told because I don't get paid driving time. I said I was not told this and if I had known I wouldn't of applied for the job. As it doesn't cover my bills and it's physically impossible. I was only given my contract the week before this 45 hour week so I hadn't had time to look at it and I've not signed it. So from that conversation I said I need to leave as I've learnt there is not any work in Basildon and I can't work these hours and it doesn't cover my bills with extra fuel and extra insurance on my car. I cannot sign on and frantically applying for other jobs. I have found another job with Basildon clients but have 2 to 3 weeks wait to start training as I've not done all my certicates. And then work 2 weeks before I get payed , so they have lied again and left me in a dire straight situation. So my question is I want my certificates back so I don't have to do all them hours again. And have they the right to keep them as they falsely took me on and never used there USB stick to do them. And if they hadn't Of lied I wouldn't have to do them again for this next company.
Yours sincerely
Tanya crawley
Submitted: 5 months ago.
Category: Law
Expert:  Ben Jones replied 5 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 5 months ago.

What reason exactly have they provided for not returning your certificates?

Customer: replied 5 months ago.
Ben jones at the moment there playing hard to get hold of but by tomorrow even if I have to drive there I need to no where I stand. Thank you
Expert:  Ben Jones replied 5 months ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Customer: replied 5 months ago.
I can't afford to call due to them treating me this way . Thinking I'm working 30 hours when In fact I'm only getting paid for 16
Expert:  Ben Jones replied 5 months ago.

Thanks for your patience. Who has the right to the certificates will depend on whether there was any training involved. So for example if the employer has paid for a training course then the training certificates would belong to them and will only be released with their consent. For example, if you were to contact the training provider and ask for a copy they could try and refuse by arguing that you are not the person who has paid for them and as such have no right to access them.

What you can do instead is to make a subject access request to get them released under data protection regulations. What happens there is that you are arguing he certificates amount to personal data because they contain personal information about you and as such you would have the right to get them released and given a copy under the Data Protection Act.

So in the circumstances that may be the best option to use to try and get a copy of these certificates.

This is your basic legal position. I have more detailed advice for you in terms of the procedure you must follow to make a subject access request, 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

Expert:  Ben Jones replied 5 months ago.

Hello, my response should be visible on this page. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46168
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 4 other Law Specialists are ready to help you
Customer: replied 5 months ago.
Ben jones . Hi as I was only there 4 weeks no training has been given. I have had supervision and the training I have had so far is mandatory for the job . Plus I have not signed any contract. Thanku
Expert:  Ben Jones replied 5 months ago.

Thank you. In the circumstances it would be best of you did a subject access request t get copies of these certificates. Section 7 of the Data Protection Act 1998 entitles an individual to request from a data controller a copy of any information which amounts to personal data about them. The process is known as a Subject Access Request (SAR).

If you wish to make a SAR, you need to write to the organisation that holds the data in question. Your letter should include the following information:

{C}· Make it clear that you are making a 'subject access request in accordance with the Data Protection Act 1998';

{C}· Provide details of the data you are requesting copies of;

{C}· Your main personal details - full name, date of birth and address;

{C}· Any information you believe the organisation will require to find your information.

The organisation may ask for a fee to fulfil your request, which should not be more than £10. Once you have provided all the relevant information and fee, the organisation must send you a formal response within 40 days.

Customer: replied 5 months ago.
Ben jones thank you !
Expert:  Ben Jones replied 5 months ago.

you are most welcome

Customer: replied 5 months ago.
Ben jones sorry you haven't read my first lot of writing. I done this work in my time not there time, and now remember after not getting a lot of sleep thinking about it they told me i don't get payed for doing this work. As I stated in beginning I was still working in my previous job at the time. And didn't start working for them until another 4 weeks later. So I can't see how I need to ask for a subject access. They are my property. Thanx
Expert:  Ben Jones replied 5 months ago.

ok if they are your property then yes they should give the back, the issue s that you cannot physically force them to. Even if they are 100% your property, all you can do is request that they are returned. So if they completely refuse, you can try the subject access request to try and at least use some more formal legal options, but if they still refuse, then unfortunately the only way to try and get them back is by going to court.

Customer: replied 5 months ago.
Ok thank you ��
Expert:  Ben Jones replied 5 months ago.

you are welcome

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