Training is a form of performance management that aims to address deficiencies in someone’s capability.
Training in a nursery falls into two main categories; that which is mandatory and personal, or professional development training.
It is a significant investment for any business. Where employers are required to ensure staff are competent, there is an expectation that the training style of the individual will be considered before training is arranged.
Following the training intervention, the employer checks there has been a transfer of skills, knowledge and experience. Refresher training, supervision and performance appraisals all have a role to play to make sure competence has been achieved and is maintained – most training is forgotten very quickly.
Where an employer looks to invest in an employee’s personal or professional development it will not be uncommon for a training clawback to be used.
For this to be fair it will be in the contract of employment that a deduction from final wages will be made if the employee resigns. The employer will have used a clawback agreement that sets out that in order to fund the training investment, the employee agrees to enter into an agreement to the effect they will repay the training costs on a sliding scale. If used, always make sure that the copy of the signed clawback is securely retained. Without the signed agreement, you will fail to be able to demonstrate that the employee has consented to the deduction before the training began.
Remember, with training, the employer cannot deduct training costs that are mandatory if the deduction takes the employee’s wages in that pay reference period below the national minimum wage (NMW). When calculating whether a worker’s pay meets the NMW, all hours worked, including time spent on mandatory training, must be included. The pay for these hours must not fall below the NMW rate.
