Statutory Training and Updates

[everychildmatters]

I've been asked to complete these modules - approx 3 hours work - but this will be unpaid and in my own time.

Is this a reasonable request?

@daffodilandtulip Same for me. It's not always the case though as my husband (who works for the same LA) does literally everything in working hours.

I don't think you understand your status at all.

@MiracleCures I think I'd know if I was self-employed!!!!! 😄 🤣 😂 😆

Yes because he is their employee and you aren't. I am not sure how you can't understand that?

I imagine you are paid different hourly rates? The self employed people I contract through agencies get a much higher hourly rate, but of course it's up to them to put money aside for sick pay, holidays and training and pensions etc

@MiracleCures I wish! The agency I work for change £80 ph. I get £30. And no, I can't set up my own client list as the children I tutor are EOTAS and are solely funded via the LA.

And does your husband earn £30 an hour?

@MiracleCures Not quite. But he has no formal qualifications.

What does your contract of employment say about training?

If you are an agency worker then you have rights such as holidays and sick leave.

https://www.acas.org.uk/agency-workers/understanding-your-employment-rights-as-an-agency-worker

Does the agency deduct tax and national insurance from your earnings before paying you?

@GlorifiedChair Yes tax and (optional) pension deducted. I don't get any sick pay whatsoever - if I'm off ill I simply don't get paid. Luckily that's only happened once since I've been doing this job (it was unsafe for me to drive at the time).

@Shedmistress Nothing, although when I asked the agency they replied:
"To ensure the safety and well-being of our learners, all educators are required to complete safeguarding and Prevent training before being placed with a learner. If the training is not completed and the certificates are not submitted, we will be unable to assign the educator to any learner and may need to remove them from any current bookings.
We offer a range of free CPD training through our CPD Academy to support this requirement. Please note that the time spent completing this training is unpaid."
I did all of this mandatory training in September when I was a class teacher, but this was during a training day. So I'm up-to-date but appreciate the agency want evidence (which is on the school system I no longer have access to).

@GlorifiedChair And NI of course (forgot to add).

What do you mean 'nothing'?

Do you have a contract of employment?

@Shedmistress Nothing in the contract about unpaid training.

Who is on your payslip? LA or agency?

our agency nurses get paid by the agency who invoice us, we absolutely do not pay for the mandatory training they need to have

@FiveGoMadInDorset Agency. I see, thanks. Do they do the mandatory training in their own time?

I don’t know, that’s between them and the agency

Agency workers are still entitled to holiday pay. It would be unlawful for them not to pay it - are you sure they don’t?…

Anyway - you’re not automatically entitled to pay for training (mandatory or otherwise) even if it’s outside work hours. The only exception would be if you were close to minimum wage and the training would take you under the minimum hourly rate on average hours worked.

It’s a legal requirement to include details of training in a contract of employment and I believe this extends to agency workers now too, so it should be in there!

@MrsPinkCock Thank you. I think they "pay holiday" as part of my hourly rate eg they say the £30 ph reflects that, but it's not a concrete holiday pay sort of scenario on my payslip iyswim?

I can't see training in my contract so will go back and raise it.

Sounds as though they use a specific training provider from the terminology used. I know it's not what you've asked, but realistically if you have already done the training in this academic year and know your stuff, how long will it take you to complete it? Most online training systems allow you to do it piecemeal. I'd be inclined to do it, get the proof you've completed it and make sure that the next time you take on contract work you make sure your time spent doing training is paid for.

Tbh if the training is mandatory then it forms part of the work and the contract and you should be paid so I'd be inclined to argue that with the agency. The LA will be able to see how long it has taken you to complete the training.

If they're doing 'rolled up ' holiday pay it should be obvious from your contract/written statement.

You quoted them earlier that they don't pay for training. Where does this come from? A policy ? This isn't surprising for an agency worker.