Training

Q: We have a new member who has a contract of employment for 10 hours a week. The contract states that compulsory training is provided but it is unpaid. She has not signed the contract and has not attended the training. What is the legal position?

A: There is no statutory right to training unless it is for specific purposes — for example, as part of a union rep’s duties.

There are also equality issues to consider — so if this member is not paid for training but full-time employee comparators are, for example, then that would be unlawful under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000.

Although relevant training counts as “working time” under the Working Time Regulations 1998, she is not near the maximum weekly limit so that does not help her. However, in the absence of those issues the entitlement to be paid for training is down to the terms of the contract.

Although your member has not signed the contract, if she starts work she will be taken as having accepted all the terms unless she specifically states that she does not agree to any of them.

In that case, the employer can either accept her conditions and allow her to start on the terms she does agree to, or withdraw the offer of work.