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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49801
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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ive been working company years full time we

Customer Question

Hi ive been working for a company for 14 years full time we used to do our training 2 days once a year. For the last 7 years i have been on permanant night shifts, and the last ywear i have been jobshare due to looking after a little 1. Since sept they have introduced training every 6 weeks but only during the day either 06.30-15.00 or 12.30-21.00. Ive explained this to company but have been threatened with the sack. The majority of our night staff havet requested night training but we have been ignored
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. why can you not do the training that is during the day?
JACUSTOMER-ko4qpwia- :

Hi as i have a little boy now that i look after during the day

Ben Jones :

Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.

The law is somewhat silent on this issue so you would have to look at what would be considered reasonable and the employer’s reasons for insisting that you attend these specific training sessions.

First of all you should check whether your contract says you must be required to attend these training sessions and if it leave sit open for the employer to decide exactly when these sessions should be held.

If you are unable to attend because you are on nights then that in itself is not going to be a discriminatory reason because being a night worker is not something covered under discrimination laws. However, if the reason is due to childcare then you can make a flexible working request to be excused from these training sessions or for the employer to be more flexible. They cannot just go ahead and sack you for not being able to attend and this is only something that should happen after appropriate warnings have been issued and there has been no change.

If a number of you are affected by this and would rather see a night training session then you may wish to consider collectively raising a grievance as a group as that may add more weight to it. If the grievance is rejected or you end up being dismissed as a result then you can consider an unfair dismissal claim in the employment tribunal. It would then decide whether the employer had fair grounds to dismiss and if they do not think that is the case you could be awarded compensation.

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

Customer :

Yes we must attend these training sessions as its part of our job. But on the 10th march they had a trainer in on nights doing training also this has been ongoing since sept as they keep puttin me on day training sessions but i email telling them i have childcare issues and i get no reponse back, just another date to attend but the same time.

Ben Jones :

if that is the case you may have to raise a grievance to try and resolve things

Customer :

Which i have dine and i have been given till the 31 march to attend training or face suspension

Ben Jones :

If you cannot attend the training and the grievance has been raised then you simply cannot do anything about this, you will have to face the employer's actions - unfortunately you cannot just force them to accept your requests and if they are going to take action against you then you will have to face that and fight it, if it results in dismissal then the unfair dismissal route is open to you