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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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My son signed a contract as a trainee in 2008, is this enforceable

Resolved Question:

My son signed a contract as a trainee in 2008, is this enforceable if he is now in a different role but his contract of employment has never been updated.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Any specific parts of the contract you are challenging?

Customer:

My son Joel is leaving and as this is within a year of him completing a course paid for by the vets, that he has to repay the cost of the course. It does state that in his contract but that is from 2008 when he was a trainee and also the course was in the last financial year it was just the exam that was in 2014. They are asking for £943 even though my son has been told by the BVA that employers have a £250 amount each year for courses per employee, I cant remember the name given to it.

Ben Jones :

The fact that his contract was signed in 2008 and was for a different role does not mean it is no longer valid and it is certainly possible for it to still be legally binding. What would usually happen in the event that no new contract is issued once he changed his role is that the original contract would remain to be in place but the specific terms which no longer apply would be replaced. So for example the overall contract would remain but the role, pay, duties, etc would have changed. The rest can still remain to be binding and in effect. So if there was a repayment clause in the contract that can still be binding, even if the contract goes back to 2008. What is important is whether the conditions of the repayment have been met and it has triggered the repayment clause.


Customer:

Ok, thank you for your help

Ben Jones :

you are welcome, all the best

Customer:

Thanks

Ben Jones :

No problem

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