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Thread: Can you be dismissed for not knowing enough?

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    Regular Member bruceybonus's Avatar
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    Default Can you be dismissed for not knowing enough?

    Hypothetical situation :-

    You have been doing a job for 13 years. You are able to get fully qualified to do the job, but you are only part qualified at this point in time. You are then threatened with losing your job if you dont get fully qualified within an unreasonable amount of time given to you... After 13 years you are able to do your job with your eyes closed....

    Where do you stand from a legal point if you become dismissed?

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    Ex Vec-C Admin Deztroyer's Avatar
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    i would have thought at the time of taking employment and signing your contract you would have had it laid out in the terms and conditions?

    if they have subsequently changed your contract (which you would have needed to sign to agree) and are now saying that you need to be qualified
    they must allow you a reasonable period of time to complete this training

    is it a matter of they can get someone "younger" already "qualified" to do the job for "less money" if so is your employer being ageist

    0-Large smile ......every time it's driven

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    Regular Member Ziggy's Avatar
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    Default

    If it is truely an unreasonable amount of time then you need to speak to CAB about constructive dismissal (spelling).

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    Regular Member yorkshireborn's Avatar
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    Default

    depends on how much time they have given u

    who's paying for these qualifications u or the company.

    but in all honesty if u have being doing the job for 13 years and only now are asking u to get qualified id say they dont have a leg to stand on.

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    They probably can as long as they follow proper steps.

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    Regular Member solorider's Avatar
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    a company cannot get rid of you for this reason,if they want you to be fully qualified then it is upto them to sort this out,if you were to be forced out or made redundant you will have a case against them

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    Regular Member m8internet's Avatar
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    Perhaps knowing what specific qualification it is would help

    Equally, I have never heard of a contract of employment where a specific qualification was required AFTER the employment was already commenced
    There are exceptions though and it is normally accepted by industrial tribunals that several years experience is enough

    However, if it is made VERY clear that the job is initially offered such that a qualification MUST be obtained, then the employer would be within their rights to terminate the employment without notice at any time
    This requirement, although included in the contract of employment, would be issued to the employee under separate cover, and would substitute as a contract of employment specific to that employee
    This is quite common to Accountants, where trainees are part-qualified or awaiting accreditation, but failure to qualify often results in immediate termination of employment

    Quite different though if the job specification requires a specific qualification, then the employer finds that you do not have it AND you state they you have it at on the original application

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    Regular Member Hideous's Avatar
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    That's odd that they are doing this after 13 years, but it really depends on what you are doing now.
    For instance, professional indemnity insurance is compulsory for some employers, and if you're now doing a job which falls into that category, there could well be a problem there - the staff need to have the necessary qualifications.

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    Regular Member Super T's Avatar
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    Is the onis(?) on the employer to train you ie on going training in your job????

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    VIP-Member Johnsdutton's Avatar
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    Default

    Drivers of goods vehicles, buses and hgv's now have to sit and pass the C.P.C. (Certificate of Professional Competence) for their relevant vehicles. This is regardless of how long they have been doing the job. Newly qualified drivers must sit the test in conjunction with their driving test. People like myself who have been doing the job for years still have to sit it , but it is phased in over five years. Then apparently must be resat every 5 years. It is another Government scheme designed to rid the industry of cowboys so they claim.
    I will leave you to decide wether you believe that or think it is just another money spinning piece of buearocracy?
    If this is what you are referring to then the answer is yes you will need to gain the necessary qualification as it will now be law. Not sure of the start date, but I think it was January of this year,
    3.2 v6 Signum and loving it

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