Frustrated-what do I do?

[waxnlash]

Hi guys,

I've been lurking on here for a long time but this is my first post so be kind

I've been employed in a salon for the last year & a half. I was the only beauty therapist as it was within a hair salon. In November 2012, my boss sent me on a training course with Lash Perfect & I subsequently added semi perm lash extensions to my services. I left suddenly this January due to ill health but have started to get back on track over the last few months & have decided to work part time from home. Here's the problem, I've tried to get my training certificate from my ex employer but he's come up with excuse after another & it's left things a bit frosty between us (among other unrelated things!)
So I called Lash Perfect & explained the situation & said I wanted to set up my own account.The lady said they could only either send another certificate to my boss for me to collect or call him & get permission to send me a replacement. I said neither was suitable as I couldn't get my original from him! She then said if I could prove I paid for the training then I could get a replacement- my contract states that if I left within a year of training then I'd have to pay but since it's been over a year that my training was paid for. She said "so you paid your boss back out of your wages?" I said "it came out of the lash services I provided over the course of my employment" so she said "I'm sorry but we can only give you a certificate if you paid your boss back for the training"! Sorry if I'm missing something but my boss (a hairdresser) can still order their products because he has the account yet I'm the one qualified but can't move on & set up my own account?? I was baffled & just ended the conversation. Is there anything else I can do about this or do I have to accept it? I'm worried that I can't offer extensions without my certificate. Any advice is greatly appreciated xx

 

[BannerPenguin]

From what I understand there isn't much you can do. They are between a rock and a hard place because there contract is with your employer as his the one who paid for the course so that's why they're seeking his permission.

If they're adamant and he is adamant I 'THINK' there's nothing you can do and without your certificate you aren't insured to carry out the treatment.

 

[ColourGirly]

He paid for the course the certificate is his, he is their customer so they have loyalty to the one who paid and buys the products.

 

[happyfeet]

So did your boss pay for the course, you then stayed a year after completing the course and then did you leave after that year was up? If so you've kept to your contractual obligations and he should be giving you the certificate if your name is on it. Lash Perfect will not be able to help unfortunately as they cannot assume that you've done this as your boss paid, hence why they need his permission.

I don't see what he gains by retaining a certificate with your name on it. The only reason for him to withhold the cert is if you left before the year was up, but then surely if that was the case then he'd be chasing you for the money. From what I understand from your post you haven't left before the year is up.

As for what you can do, I'm not really sure honey. Other than write him a formal letter and/or contacting the CAB.

Hope it gets sorted. x


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[SkinDoll]

You could always offer to pay your ex employer for some/all of the course in order to get your certificates back? I'd only do this if they have your name on though, as the other geeks have said it's no good if the salon name is on.

It sucks that he's being frosty with you, but surely offering him an incentive would be better than having to redo the entire course? Also, I suppose it would depend on the cost of the course & your personal circumstances etc.

Good luck anyway, hope you get it sorted xx

 

[HairdressingBug]

This makes me so angry. Its your name, you did the training therefore its your property. I have sent stylists on courses before and I always give them the original and keep a coloured copy for my records and salon display.
It seems to me that the reason he is retaining the certificate is because he is probably aware that you plan to go self employed and is worried that you are going to take the clientele you built up in the salon with you. I know he is a hairdresser but if he has plans of employing another beautician hes going to want to keep the existing clientele. The more clients lost the less profits he has.
One solution would be to write to him and offer to reimburse him 50% of the training fees as a good will gesture, I know it is annoying to have to do that but you have more chance of getting them by meeting him half way and this is holding you back from starting your own business and loosing you money.

 

[fluffy26]

Not to be funny, (& I do understand it's the principle that he has it, & is not giving it to you) but unless you are planning on displaying every certificate you have, what does it matter if you have the certificate or not, if you did the course you are qualified regardless of what it says on a piece of paper!! I've never displayed any of my qualifications, nor have I ever been asked!! But to play devils advocate I do understand the slightly bitter taste you probably have left in your ex bosses' mouth as he feels he paid for the training & you left shortly after,(yes for personal reasons) but then he really should see this & be the bigger person maybe!? It is a tricky one & I can see both sides! I hope you manage to find a solution.


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[NailsXpress]

Not going into this too much, but I would think that she needs her certificates for insurance purposes too.

 

[EmJ]

I would guess you would still be insured though? You've done the qual and just because you don't physically have the certificate doesn't mean you're not qualified. Maybe ring your insurance? Say something happened and they needed a copy of your certificate, are lash perfect going to turn around and say they won't provide it because your boss paid for a course? Not sure insurance company would be bothered as long as you're qualified. They also probably wouldn't disclose if it was a salon related or personal thing because I would guess they would just need the certificate no a matter what

 

[BannerPenguin]

Unless you hold the physical certificate you will find if anything happens your insurance won't pay out. And they won't bother chasing around checking if you done the course or not as they want an excuse not to pay out. Not providing a certificate is the perfect excuse - don't give them the excuse.

 

[ColourGirly]

Your not out of pocket, you got a free course as part of your employment. So why don't you just pay to do the course yourself and get the certificate so you can be insured properly. Or if you don't want to attend again offer your ex boss some money.

 

[Zoe1303]

If you went on the course, then your employer should've provided you with the certificates upon completion. For his own insurance (incase you left within 12months) he may have decided to hold on to them. You are absolutely entitled to these certificates and he is in breach of your contract (assuming it's specified in there as you mentioned).

I would recommend contacting ACAS who offer free advice with regards to employment disputes. A couple of letters to your employer should resolve the issue.

If you were to be an accountant and your company sponsored your training, it doesn't make the company a qualified accountant, it's the individual that attended the training.

If there are rules surrounding length of service post qualification, and these rules are adhered to then your ex employer has no right to withhold your certificates.

Additionally, you will need these for insurance purposes.

 

[waxnlash]

Thanks for all your responses

The course was in 2012 so it was a year & 2 months after that I left the salon. According to my contract, I owe nothing for my training & all the revenue I bought into the salon through the lash treatments over the following year & a bit more than covered what my boss initially paid. I'm sure this is commonplace in lots of salons where the employee pays back their training through their work?

Of course my boss would be annoyed if he knew I was setting up on my own & I'm sure he'd think I'd try to take clients with me but as I left so suddenly, I'm sure he'd realize I didn't take any client numbers!

Still, I don't feel he needs to be contacted by Lash Perfect in this instance. The issue with them is merely showing proof of payment for the course- I don't know why that's such a big deal as I explained my contract terms to them & offered to provide a copy but they wouldn't accept it. They would only accept a receipt that showed I had paid my boss back, so if I can prove I paid him they would re-issue my certificate- which I can't! Grrr!
I think I'll contact my insurance provider but I fear that as someone said, they wouldn't cover me without a certificate!

 

[Zoe1303]

Sorry, i might be reading your last post wrong but just to make clear, this isn't Lash Perfect's issue, this is between you and your previous employer. If they have rules that state they can only provide the certificate to the individual that funded the course, unless they have received formal notification otherwise, then you need to be taking this up with your ex-boss. Their hands are as tied as yours are.

 

[Oasis]

If you want to set up on your own you will need to buy a kit. Lash Perfect give free training with kit purchses. Would it be an option for you to do the one day course again to get the certificate? Xxx

 

[waxnlash]

I know initially it's an issue between myself and my boss but sometimes it's more hassle to go down a certain road than it's worth. LP's hands aren't as tied as they first implied because it was during a second conversation that the LP rep said if I could prove I had paid my boss for the training then I could get a replacement cert, this is where my frustration lies. Getting a replacement from them relies on proving I've paid so why is showing them my contract terms where training costs & conditions are clearly outlined not good enough? So because my boss initially paid, he can continue to order from them even if there is no qualified therapist in salon & I, the qualified therapist, cannot set up my own account without paying out for training I've already done. Maybe I'm flogging a dead horse but I think companies need to look into their policies when it comes to certain situations as it seems to be a bit back to front! I'm obviously thinking far too naively :sad:

 

[waxnlash]

If you want to set up on your own you will need to buy a kit. Lash Perfect give free training with kit purchses. Would it be an option for you to do the one day course again to get the certificate? Xxx

I missed your post before sending my last one out- thanks for putting that option out there, although I don't need a full kit maybe it's worth calling them to discuss as I'd like to add the Russian layering technique to my qualification.

Hopefully they won't require me to do the basic semi perm training again. I'll call them again and let you know how it goes,
thanks so much everyone for all your input xxx

 

[happyfeet]

I know initially it's an issue between myself and my boss but sometimes it's more hassle to go down a certain road than it's worth. LP's hands aren't as tied as they first implied because it was during a second conversation that the LP rep said if I could prove I had paid my boss for the training then I could get a replacement cert, this is where my frustration lies. Getting a replacement from them relies on proving I've paid so why is showing them my contract terms where training costs & conditions are clearly outlined not good enough? So because my boss initially paid, he can continue to order from them even if there is no qualified therapist in salon & I, the qualified therapist, cannot set up my own account without paying out for training I've already done. Maybe I'm flogging a dead horse but I think companies need to look into their policies when it comes to certain situations as it seems to be a bit back to front! I'm obviously thinking far too naively :sad:

I think the issue for them would be, whilst written in your contract, they have no proof that you stayed for the 12 months post training. I guess you could forward payslips but that's getting rather complicated.

I'd call ACAS as suggested and/or put in formal writing detailing that you've adhered to company policy, completed your contractual obligations and would like the certificate forwarded to you in xx days. I would take a copy of your contract and attach to the letter highlighting the section to which applies. If ACAS give you further advice, I'd also put that you've contacted ACAS and they've advised as per whatever they say (if in your favour of course, and I don't see why it wouldn't be). Id even enclose a self addressed envelope or say you'll be in on xx date to collect it.

I appreciate your frustration with LP honey, but look at it from their point of view, I'm sure these measures are in place because somebody has tried to gain a cert that wasn't rightfully there's. It must be very frustrating for you and I understand that, but I think writing to your employer again is the logical next step, that's what id do in your current position.

Good luck xx

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[waxnlash]

Ok so just got off the phone to LP & I can't do the Russian Layering technique training without my original certificate & they weren't budging on their policy despite my friendly persistence!
So the only option is for me to somehow get my certificate from my ex-boss which I was really hoping I wouldn't have to do :irked:
I'm not keen on going down the formal route but it may have to be done, or else I could perform a Mission Impossible style break in to retrieve it! If you hear about it on the news it wasn't me:wink2:

Thanks again for all your responses, they were very helpful :hug:
Xxx

 

[hazelb]

OK I'm not a lash tech, so maybe it's a dumb idea.
You're well practiced in lashes and skilled with their application. Why not do a cheap short course, so you can get insurance through ABT / guild etc, then trial out other suppliers and find suitable a replacement company that doesn't insist on you doing their training.


Could be a lot less stressful!