Help, my employee won’t attend the Paediatric First Aid course

For Early Years providers, ensuring that staff are trained in Paediatric First Aid (PFA) isn’t just best practice, in England it’s a statutory requirement. Under the Early Years Foundation Stage (EYFS) statutory framework effective from 1st September 2025, providers must ensure that at least one person with a full current PFA certificate is available on the premises and accompanies children on outings at all times.

So what if an employee refuses to attend PFA training?

Risk of Non-Compliance

Failure to comply with the EYFS PFA requirements can result in your setting being in breach of statutory welfare requirements. This can trigger an Ofsted inspection, lead to enforcement action, or even the issuing of a welfare requirements notice. Ofsted inspectors will expect to see up-to-date records showing that appropriate PFA training is in place.

Insurance Implications

Most public liability and employer insurance policies for Early Years settings require compliance with regulatory frameworks like the EYFS. If an unqualified staff member is involved in an incident where first aid is required, insurers may refuse to cover the claim, leaving the provider exposed.

Staffing and Operational Challenges

A refusal to complete required training can impact rotas, outings, and ratios. If an unqualified member of staff is the only one available, you may need to alter staffing arrangements or close rooms temporarily, disrupting the setting’s operations and reputation.

Employment and Disciplinary Considerations

Refusal to undertake mandatory training could be considered a breach of contract or gross misconduct, especially if it compromises compliance. Providers should have clear terms in contracts and job descriptions stating that training, such as PFA, is a condition of employment. Disciplinary action may be appropriate if an employee continues to refuse.

We would recommend that you work to find out why the employee is refusing to attend and whether that refusal is reasonable. Over the years we have had employees find it difficult to be available for training outside of their contractual hours. We have also had people unable to get on the floor due to health conditions, and therefore unable to complete the practical element. From an employment law perspective, we have to consider the reasons for the behaviour before we propose the response.

Final Thought

Let’s never forget where these new requirements have come from.

Untrained staff present a direct risk to children’s safety. In a medical emergency, such as choking, a seizure, or an allergic reaction, every second counts. If a child is harmed because no qualified person was available to respond, the provider could be held liable, both legally and morally.

If we can be of any assistance with any aspect of HR in your Day Nursery, Pre-school or Club, please book a discovery call here.