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can i get training certificates my employer has paid for ?

i have worked for the...
can i get training certificates my employer has paid for ? i have worked for the company for 5 years and all training certificates are needed for the job i do . when i asked for them i was told they belong to the company even though it is my name in the certificates
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Answered in 5 minutes by:
8/29/2013
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 49,065
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What do you need these for, are you moving to a new employer?

Customer:

i am thinking about it but not decided yet

Ben Jones :

It is true that if the employer has paid for the course then the training certificates would belong to them and will only be released with their consent. For example, if you were to contact the training provider and ask for a copy they could try and refuse by arguing that you are not the person who has paid for them and as such have no right to access them.


 


Whilst a subject access request is an option, I see you have already done this and they have released the data they hold about you - unfortunately that does not mean issuing a full certificate because that is simply they create by using the data they store on you and they do not have to provide you with that as long as they have disclosed the actual data held about you.


 


It does mean that the only way to get these is with the employer's consent or you can provide whatever evidence you have to a prospective employer to show you have undertaken the relevant training


 

Customer:

so is there no other way to go about getting a copy of them ?

Customer:

even with the cert numbers

Ben Jones :

you can try contacting the training providers and asking them to supply you with copies of these certificates but they could refuse without the employer's consent so if that happens, without that consent it would not be possible to obtain them

Customer:

is there an argument that they are making me unemployable with out them ?

Ben Jones :

from a oral perspective yes, but that is not a legal offence, it is just an unfortunate outcome of this situation, it is still worth appealing to the employer's better nature by trying to leave on good terms and hope they will release these when you go

Ben Jones :

oral = moral

Customer:

ok Ben Jones thanks for your help much appreciated think im best to stay with the company then .

Ben Jones :

only you can make that decision but do not be afraid of trying to get copies of these whilst employed by them and if successful - consider your options then

Customer:

i will keep trying cheers mate

Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the service I have provided you with as that is an important part of our process. Thank you and all the best

Customer:

will do cheers

Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 49,065
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Category: UK Employment Law
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Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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