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joannem1965, Advocate
Category: Employment Law
Satisfied Customers: 264
Experience:  I am a solicitor
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I am a chartered accountant and last year I had a review

Customer Question

I am a chartered accountant and last year I had a review from their Quality Assurance Directorate. With the results of that visit they are constructing a disciplinary case against me which is being vigourously defended. In the meantime, they are charging an extortionate fee for the QAD visit. But am I protected from having to pay for a plaintiff's 'evidence' to prosecute me? Thank you
Submitted: 4 years ago.
Category: Employment Law
Expert:  taratill replied 4 years ago.
Hello and welcome to Just Answer, on what basis are they charging you the fee for the QAD visit? Is there something in your terms and conditions of employment which would allow them to do so?
Expert:  joannem1965 replied 4 years ago.
Hi there you'll first have to consult your employment contract and what's inside it about your employer's right to charge such fees to you. You need to look for a clause that allows them to deduct any such fees from your pay without your consent. If there's no such clause there then they can't just deduct that money from your pay as it'll be illegal reduction from your wages and you can recover it. You'll also need to check if you're subject to any of the regulatory terms of the QAD and if they've got a right to pursue you separately for these costs. Maybe if you're regulated by them you're bound by some specific terms that may allow that but you'll have to check that with them as it's a private matter between you and them. Even if there's something that allows them to do that they can't take it from your pay, they'll need to try and retrieve it separately. I don't expect that to be the case though I'll be honest
Please leave feedback thank you
Customer: replied 4 years ago.

I may not have described the situation clearly. I am not employed by the Institute of Chartered Accountants; I am a member of the Institute and, naturally, egulated by them. They conduct reviews of members' work via the Quality Assurance Directorate, part if ICAEW, and before that visit they quoted me fees of £1k per day (of the reviewer's visit) to include all off site planning and report writing. They now insist that the £1k was plus

off site planning and report writing . But regardless of this, they are using their reviewer's report to take disciplinary action against me. My initial question to you was am I protected by the Human Rights legislation from having to pay a plaintiff to prosecute me?

Thanks you

Expert:  joannem1965 replied 4 years ago.
Hi there how are they trying to charge you these fees just invoicing you or deducting it from somewhere and is this going through the courts?

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