5 Responses

1. Some suggestions

   Hi John

   Hope the following helps. This is not a defintive list and would always recommend getting proper legal advice. Here are some suggestions from someone who’s used 100’s of outsourced trainers in the past and knows what you mean! Mostly it’s about clarifying roles and responsibilities so if something does go wrong you have something to fall back on.

   I’ve always found it useful to develop a "trainers guide" – you can either make this part of the specification under which you legally operate your terms & conditions or you can use it for best practice (I’ve done both with success). This document lays out your and your organisation’s expectations of the following:

   • Skills/experience and competencies of the trainer for particular types of work
   • Expectations of trainer’s conduct/behaviour – I know this sounds a bit strange but the number of conversations I have has with trainers when clients have complained about trainers making inappropriate comments or worse still physical behaviour, trainers not turning up on time or finsihing early, it makes sense to cover
   • Adherence to any company policies you might have such as health and safety, equal opps…
   • Commitment to keeping themselves and their training materials up to date (CPD)

   Then I’d look at your legal t’s and c’s – again I’m not a lawyer so best to consult with the experts, but here are some of the areas I’ve covered in previous contracts:

   • Standards for delivery (suggest the "trainers guide")
   • Intellectual Property/Copyright – if the trainer develops something for you, who owns it? If the trainer is using 3rd party material, do they have permission to do so? How can the trainer be assured you won’t mis-use their materials?
   • Sub-contracting – what happens if the trainer is ill or can’t fulfil his/her contract – do you want them to subcontract work out to others to cover? How will you QA this? Or would you want compensation?
   • Liability/Indemity – how do you want to handle risk? It is usual to ask trainers to provide professional indemity cover. Consider the consequences of what could go wrong
   • Confidentiality/Non disclosure – how do you assure the trainer you will keep their activities confidential and how do you assure they will keep your company information confidential
   • Cancellations/deferments – what happens if either side cancells or postpones the training?
   • Data protection – if the trainer is gathering information about your people are they complying with the law?
   • Terms of doing business: when the trainer will be paid and how, how expenses will be handled, billing process, clarifying what you will and won’t pay for e.g. expenses policy, travel/rest days – this can save a lot of time if you are clear
   • Force Majeure and termination clauses

   Hope this gives you a bit of starter, please do contact me if I can be of further help

   Vanessa

    

2. T&C’s etc

   Hi John

   I would agree with everything mentioned already and also look at a trainers qualifications as well as CPD.  When did they last do any CPD or Train the Trainer update etc.

   I would insist on copies of insurance certificates as well.  

   Also state out the terms of payment, how it will be paid and include contact details for the accounts department.  If your using smaller organisations or associates you may be able to negotiate a discount if you pay quicker than 30 days.

   Include a dispute resolution procedure.

   If you pay for development time for the workshop / course then YOU own the IPR. No questions there. (Include a clause that all material proved has been checked for copyright infringement and that it is in fact free to transfer etc.  I have been given material by large providers in the past that included ‘dodgy’ Belbins and LSQ questionnaires!)

   Ask to CV’s and if you have the time the individuals who will be delivering the material.  Include a section on ONLY using named individuals.  This ensures you keep the quality control up to date.

   If the provider is using associates then think carefully about the day rate you are paying – it may be more cost effective to source the associate yourself. (Yes some companies do charge you £1500+ and pay the associate £500 or less. Your paying a lot for a simple admin fee there!)

   Are they prepared to put there money where there mouth is in terms of quality? Ask them how they are going to evaluate the learning in the workplace etc

   Before agreeing with a provider check to see if they offer a discount for volume work!

   Just a few thoughts on procurement for you. Please feel free to get in touch if you need anything more specific. 

   Andrew Miller

   http://www.rubus-consultants.co.uk

    

    

3. Thanks

   Vanessa/Andrew,

    

   Many thanks for your feedback on this, it has been a massive help and i now have a good idea as to where i am going with it.

   It is the first time i have used a forum such as this and am pleasantly suprised with the openess and help given so willingly.

    

   Once again, thanks.

    

   John

4. T&C’s etc

   My pleasure John, drop me a line if you need anything else.

    

   Andrew 

5. Training contracts

   No problem – glad it was helpful

   Let us know how you get on!

   Regards

   Vanessa