threat of loss of job... legal?

Former Member

Hi, I have had my job for over a year now and I never needed a SIA licence when I took the job but now my company wants to be SIA accredited and have said everyone needs a SIA. They paid for me to sit it and I failed, I am going to do a retest but my company said if I fail I will lose my job... can they sack me? Seems very unfair? Thanks

Former Member

Sounds right to me, you wouldn't be qualified for the job logically.

Former Member

Yeah but would I have a case for unfair dismissal? It's not ny fault they want to be accredited. To take a silly extreme example, someone works in Tesco stacking the shelves and Tesco says that everyone needs an a level in maths so they know everyone can count, can employers sack people who fail newly implemented requirements?

If so then that's a good way of sacking people you don't like, I didn't need this SIA when I took the job?

Former Member

They can make the "non-SIA" job role redundant, and hence make you redundant, but I don't think they can dismiss you.

But I am not a lawyer, and know little of these things. Hopefully Arctic Roll will be along, 'cos he knows this kind of thing.

Other sources of advice are Unions, and the Citizens' Advice Bureaux

Former Member

What kind of firm is it that you work for? Also, you might not fail the course!

Former Member

Hi guys, thanks everyone.e for your advice this far, to answer those questions, I work in a concierge office for a housing development. I have failed the course once and have been told I have to pass next time or I'm out of a job, I'm worried cos I got bills to pay and a family to support...
Hopefully I will pass next time but maybe not?

Former Member

agau wrote: »

Yeah but would I have a case for unfair dismissal? It's not ny fault they want to be accredited. To take a silly extreme example, someone works in Tesco stacking the shelves and Tesco says that everyone needs an a level in maths so they know everyone can count, can employers sack people who fail newly implemented requirements?

If so then that's a good way of sacking people you don't like, I didn't need this SIA when I took the job?

I don't see how the company or the job role makes a difference? All jobs have requirements, as they change as part of the company, you make that change and meet the requirement -that's part of doing your job. Same applies with law requirements. I'm not sure if it is a legal requirement too for your job, over just a company change, but if you failed, you aren't allowed to work in that scenario. As Carriage said, they could make your unaccredited job redundant, which is different from being fired, you'll be laid off.

Only thing you could do is do your hardest so you don't fail.

Former Member

You should also have a look at your contract, see what it says about qualifications. There might well be a clause saying that if the company require you to become more qualified, you should do so, etc.

If not, I would err on the side of Carriage Return, that this is a pretty major change to your Ts and Cs and might not be ok.

Acas might have the answer.

Former Member

Nowadays a lot of companies wants qualified people for their work positions. It's fair to want from you to be experienced. Take some courses and develop yourself. Nothing come just like this. Word develops and the business too.
So don't be upset if the manager wants you to leave but take you in hands and learn something new in your niche.
Wish you luck!:)

Former Member

Though the original poster had previously not been required to have the specific qualification.

Former Member

piccolo wrote: »

Acas might have the answer.

Agree - Acas are well qualified at advising in these issues and they have a good helpline you can call: 08457 47 47 47

Also, you could try using our askTheSite service - one of our expert partners will answer you questions confidentially:
http://www.thesite.org/community/askthesite/askaquestion

Good luck