Is this legal re training?

[hoomans]

I have received an email from my employer stating that if I don't complete a list of online training programmes within 14 days then I will receive a written warning or a disciplinary. They want me to complete them for free in my own time and there is about 10 of them. I am currently working 6 days a week and I have no idea when I would even fit it in. Is this legal or are they just being cheeky? I have worked there for just under 2 years so I'm not a brand new employee. I would have no problem doing it in work time but I'm pissed of about doing it in my own time unpaid.

It is a minimum wage job too!

If it's a minimum wage job, then the training if paid would take your hourly rate below minimum wage iuswim. So technically legal. DH has had the same problem. Is it care work by any chance?

Sorry, that wasn't very clear. What I meant was, as the training is unpaid, and your wage covers your working hours, by adding in the unpaid hours, and averaging the pay over paid hrs+training hours, it would take you below minimum wage, so illegal.

Is it mandatory training, does it say anything in your contract. I got paid for thed hours I completed online training as its all linked up to the system so they check how many hours I worked. Others did it at work in their working hours. This was healthcare. AcAS may have info on it.

I already don't get paid for breaks and regularly miss them and stay longer than I should and I feel like this is the final straw of piss taking.

Have you been asked to complete them in the past, and not done so? Is there some reason for them needing to be done in the next 14 days?

Is your 2 year anniversary in 14 days time?

Dear boss

Thank you for the reminder. I will complete these next week on Monday and Tuesday between xx o'clock and yy o'clock. I assume you will arrange someone to cover my work on these two days.

Regards

But that is on you. You can insist on your statutory breaks, even if unpaid. You are legally entitled to a minimum 20 minute break if working 6+ hours. Is it care sector work?

Forward the email to your manager:

Dear Manager,

As per the below email, I need to complete the training in the next 14 days. The training is likely to take X days/hours.

Please advise which days/times you have arranged cover so that I can complete these.

Kind regards,

hoomans

Bet they’re doing it to allow them to let you go before the two year point when you get employment rights. So sorry.

That wouldn't wash in a Tribunal!

Firstly you not taking your breaks is down to you. You need to insist on taking them, stop just working through them - you are legally entitled to breaks if you work over 6 hours

The email that 'PositiveLife' has posted is perfect, I would send that in return - they cannot expect you to do this in your own time

@daisychain01 eh? It would even get to a tribunal without the 2 years qualifying period unless the OP linked her claim to a discrimination claim.

OP, in the nicest way possible- just do the training.

When was the training first allocated to you - this week or has it been outstanding for months?

I'm saying if theoretically the employer deliberately prevented the employee from reaching their 2 year anniversary by pulling a stunt like dismissing them immediately before that date it would be worth exploring with an employment solicitor as to whether there's a case for unfair dismissal.

Honestly, you can get through the training in an hour or so. Just whizz through it, it will all be stuff you know and is just a box ticking exercise. You look at the info and do a short quiz eg 'If a child falls and cuts their knee do you a. smear it in jam, b. send for an ambulance, c. stick on a plaster. Don't watch every video, just have the ones you feel that you need to brush up on playing while you do other sections in different windows.

Training needs to be paid by law. They cannot ask you to do anything in your free, unpaid time. So yes, they need to pay you, either as overtime, or fit the training into your working hours

@daisychain01 for the employment lawyer to say there wasn't a reasonable chance of success if pursing a claim and all which would take much longer than just doing the training.

I assume this is mandatory training which the OP has been asked to do before and given sufficient time to complete therefore it wouldn't be unreasonable to give a deadline (and not expect to pay the employee extra hours to complete!) and discipline if the reasonable management instruction is not followed.

You can protect yourself to a degree here OP despite having less than two years’ service.

Send an email (it needs to be in writing) to whichever appropriate senior person stating that you believe they are in breach of the Working Time Regulations 1998 as they have failed to permit adequate rest breaks of 20 minutes or more, and that by requiring additional unpaid work in the form of training they are also potentially in breach of the NMW Regulations.

By asserting these relevant statutory rights then if you were subsequently dismissed or disciplined then you may be able to link that treatment back to your assertion of those rights which waives the two year qualifying period if proven. That could then give you recourse to an Employment Tribunal.

If contractual and/or statutory training courses, then yes they can pursue the disciplinary route. Presumably as you're aware that these need updating within whichever frequency they are.

However, whether you're responsible for complete within your work hours or outside depends on your contract tbh.

I for example, have to complete within working hours so plan accordingly. However, I am aware that care workers for example have varying contracts with many being expected to do so in their own time. What does your contract and policies state?

Tbh I have just started doing them at night time after when I would usually have gone to bed as I don't have the mental energy at the moment to fight it at the moment and the manager is known for firing people on the spot. I can't risk not having the money but I'm not happy and i'm grateful for the responses on where I stand legally on it.