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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To wonder if I've been fobbed off here?

14 replies

Givealittlerespecttome · 30/11/2023 10:02

I started working for a care company in the summer on a 0 hours contract. We had to complete mandatory onboarding training, which we were told would be paid only after passing our 3 months probation. We had to pay our own DBS costs which would also be reimbursed after probation was over.
The training was paid at a flat rate as opposed to our hourly rate or even NMW.
I know I was daft to sign up to this company.
After about 2 months with them, I reduced my hours to weekends only, which is when they need people. The first 2 weekends I was given work, however since then I've been given nothing despite remaining as available on the system.
I understand they want to prioritise full time staff, but it is a 0 hours contract so I am not obliged to be free full time for them.
Anyway my probation period has passed. I was expecting around £300 in my payslip for the training costs and DBs, as stated in my written agreement. I received 0, so phoned HR to enquire.
I was told that because I hadn't worked for them in over a month, I wouldn't be entitled to the training and DBs money until I worked. I informed them that I was consistently available and that they had stopped offering me work.
I'm not sure what to do really, surely this isn't legal? They cannot withhold onboarding training money from me when I've passed the probation period? Not sure who to speak to. Sorry this was long.

OP posts:
Givealittlerespecttome · 30/11/2023 12:49

Anyone, please?

OP posts:
Givealittlerespecttome · 30/11/2023 12:53

It's frustrating as I had to take off a week unpaid to complete the training and shadowing, just over a week actually.

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PippyLongTits · 30/11/2023 12:53

Speak to your colleagues and see if this is common practice or if it is just you that has been unlucky.

Are they saying you need to work another 2 weeks to get the money back or that you'll never get the money back?

Givealittlerespecttome · 30/11/2023 12:58

They're saying I won't get the money back if I don't work, but I can't if the company won't offer me any work. They don't ask you to sign up for a minimum, you can work one day a week if you like which is what I thought I'd be doing. They're a con.

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Ocani · 30/11/2023 12:58

That sounds wrong. If you're entitled to the money on passing probation, and you've passed but not been paid, it's breach of contract surely. I'd contact ACAS and CAB to get guidance on how to draft a letter requesting your money as specified under the contract.

Givealittlerespecttome · 30/11/2023 13:00

Thank you, I will speak to acas. I could try and insist the company give me care work but equally they could insist they haven't got any.

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ChiefWiggumsBoy · 30/11/2023 13:53

Yeah I agree with Ocani, this sounds illegal.

PippyLongTits · 30/11/2023 14:09

What is the wording of your contract? Does it say "3 months probation" or does it say "after completing x hours of work within the first 3 months"?

If you have passed the set probation period then I don't see how they can withhold the money.

heartofglass23 · 30/11/2023 14:16

Go to your MP and get a caseworker to take on your case.

Givealittlerespecttome · 30/11/2023 14:25

There's nothing stated about X amount of work, just the probation. Will see if I can speak to someone. Thank you.

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Badgrief · 30/11/2023 14:51

Could you call their bluff by making yourself more available for work for a short time? How many more hours/days do they say you need to work to get your costs repaid? Hopefully ACAS can advise

Ocani · 30/11/2023 14:52

MP's office is a good idea. Or a local law clinic.

I wonder how many other people they've had this £300 off. If there were even ten of you on that course that's £3k in a week.

I also wonder who provided the training. Was it your employer? If so and you were required to undertake duties and be present for certain hours then that is work, not training. Employees do not pay for doing work.

If not is the provider linked to your employer in any way? The name should be on any literature you received and you can do a (free) Companies House search on them and your employer to see if there's any address/people in common.

I'm sorry you've experienced this OP. I hope you can get resolution.

Givealittlerespecttome · 30/11/2023 15:09

I think I will have to tbh, but the risk is that they still don't give me any work.
They didn't specify how much work I'd need to do exactly. But the point is I did plenty of work for them up until 2 months ago, they've conveniently forgotten that.
It was my employer who provided the training, which was 6 days in total.
Thanks, I will see if I speak to someone today.

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