Well, what do you all think of this? A family member has been asked by their employer to take a basic one day first aid course. The nature of their employment is such that refusing to take the course will most likely be a limiting factor for promotion so there's no reluctance to attend the course and in fact the person concerned is quite enthusiastic about it all. So this person came home with a type written sheet which I was asked to give my opinion on as concerns were expressed.
Separating out the "wheat from the chaff" it boils down to:-
Acceptance of the offer to attend the course means that:-
1. Cancellation or failure to attend requires the candidate to repay the course cost, in full, to the employer
2. If a pass is not achieved then repayment in full will be required.
3. If the employee leaves the job within 12 months of the course for any reason then repayment in full will be required.
There were other minor conditions I won't bother to detail.
Having read it I was asked what I would do if it were me. My advice, bearing in mind that this person is actually keen to do the course, was to go in in person to their line manager and state that they would very much like to go on the course but that they were not prepared to sign the agreement form.
I was an "enhanced" first aider at my work (before I retired) and the course I did was several days long with a yearly refresher all paid for by my employer - including lunch in the local pub each day. I was also required to hold an Enhanced Disclosure Scotland Certificate as I was involved with vulnerable people. There was never, at any time, (I was there for over 15 years) any suggestion that I might be liable for any of the costs incurred and I find what our family member is being asked to stand liable for to be completely out of order. What do you folks think? I've been retired for a number of years, maybe things have moved on and this is now normal?
I wouldn't expect to have these conditions on something like a first aid course, especially if it is the employer asking them to go on the course, rather than the employee requesting it.
Having said that I believe these stipulations shouldn't be there, my assumption is that the employer has had experience of employees just not showing up for the course, not bothering their shirt once on the course, and leaving the company shortly after the course, and the employer has got tired of paying to put people on a course with no benefit to the company, and instigated these rules for everyone due to some bad apples. (maybe this is being generous to the employer).
If the course was required as part of their current duties, I would have said the employer would have to pay(and not have these stipulations), but it sounds the course isn't actually required to do their current job, so the employer could just withdraw the course from them and then it would only negatively impact your family member.
It seems it's worth the chat with their line manager, but I'd be waring of saying they weren't prepared to sign, as it sounds like they won't have a choice if they want the course, I can't see them changing the rules just for your family member, they may just have to take the risk if they want the course.
I am not a Lawyer.
Citizens Advice, may be able to give you the actual legal position regarding this, but you then you start getting in to the age old thorny issue of rocking the employment boat, by getting 'legal', especially if they hoping to advance in the company. I assume Union advice is unavailable ?