Is This Contract Legal, Seems Unfair To Me?

[trt]

I have a carer.
She is part time, works 20/25 hours a week, as she goes to college.

When she joined the Care Company, she did a 3 day course, mainly on a computer in their office, then did 3 days with an experienced carer calling at different clients, what they call shadowing, and given a uniform which consisted of 2 nurse type nylon tops..

She wants to leave, as they keep putting pressure on her to work more hours, and many times dosent get finished till 11pm, which is not helping with her studies.
Her hourly rate is only £7.80 an hour, and no petrol expenses for travelling from clients to clients..

If she gives her notice in before 6 months, they want £300, and if its after 6 months £150 returned, for the training they gave her, plus extra if her uniform is damaged, which she has to return anyway.

It dosent seem right to me, that they could demand the training cost back, but she did sign a contract for the above.

What do you think Abers?

[woofgang]

well I can kind of see the point.....the training they (the company) give they have to pay for. They will have had to pay for the use of the computer program and also pay to be assessed to be accredited to to they training rather than send the staff off to an outside trainer. They can’t afford to train people only to have them leave. No the rate of pay is not a lot. She could look at the ACAS website to see what her rights are but, I am not optimistic.

[Tuvok]

I'm no expert, but if she's using her own car for business doesn't that affect her insurance?

[ubasses]

This might help.
http://www2.cipd.co.uk/pm/peoplemanagement/b/weblog/archive/2015/10/05/why-it-is-difficult-to-make-departing-employees-pay-back-training-costs.aspx#

[hc4361]

The contract is legal and enforceable if the £300 is the true cost of her training an not so inflated that it is a penalty.

They can also charge her for damage to uniform. Sounds like an awful company to work for but these clauses are not unusual in the care industry

[RATTER15]

That contract sounds about right for the care industry, I'm in it. I signed a similar one. That pay is is rubbish though, I get more on an hourly rate + travelling time and a company car. If its a zero hours contract, just leave when she has been paid. Its not likely they will try to pursue her for the money.

[Peter Pedant]

ubasses ref ( of course) is helpful
and it seems lawful to me as you have explained it

ratter's is also good
to avoid unlawful deductions from the wages - go after being paid on a zero rated contract .....

the law behind this is
she has incorporated a clause into her contract allowing it

her claim would be under the unfair clauses act 1977
and as it is an industry norm it really isnt unfair .....

[thugulike]

It is legal to make her pay for the training on a sliding scale but they should pay her for travel if she needs to drive or catch bus etc and that includes the mileage from home to her first client (recent Employment Tribunal case). Ratter15 if she leaves without giving notice they can refuse to give her a reference

[Jackdaw33]

Scandalous. Exploitation pure and simple. I employ a cleaner who has private clients. I pay her £30 p.w. for two hours' work. I regard this as a bargain as she cleans my flat for the first hour then does my shopping for the second. She also has a job as a home carer for which she is paid the minimum wage (half of what I pay her). She has often to work till 10 or 11 at night; not paid travelling time and a measly 25p per hour petrol allowance. Also, if she has a recalcitrant client she may well have to overstay her allotted time.

[Jackdaw33]

Sorry, 25p per mile.