Hi, welcome to Just Answer. I will help you with your question.
This question is familiar as I dealt with something very similar only a few months back for a client.
The first thing to appreciate is that penalty clauses apply in cases only where the "penalty" arises following breach of contract. It does not apply where there is no breach of contract.
So, to work out if the penalties rules apply, you need to ask whether the repayment obligation applies only on breach.
Could they breach my contract by making me work overtime for free everyday?
This could be a breach of contract if they seek to require you to work more for nothing without legitimate reason and/or contractual authority.
But that has nothing to do with the penalty point.
Which do you want to know about?
The training contract is seperate to my normal contract. I have seen online my study support should reduce each year e.g. by 25% each year. Becuase i t is not done in this way it could be seen as a penalty for leaving
What do you want me to focus upon, the penalty point?
Okay. I doubt this would be considered to be a penalty clause, and thus, unenforceable. The reason is this: the repayment obligations (by whatever percentage) do not arise on breach of the contract. The giving of notice is not breach - it's simply an agreed way of bringing it to an end. If it has said that you pay back if you leave in breach of your notice obligations (which would be a breach), then as a measure of damages, it would be penal in nature and unenforceable. Here, you have nothing more than a simple agreement to pay back when you leave, if you leave within a certain time, and you pay back a certain percentage.
These clauses are very common in accountancy/legal and other professional circles and are generally fully enforceable.
Can this be taken out of my final salary payment? it does not state they will take it from my last pay but I'm worried they will
In practice, yes, it could be.
Does this answer your question?
Yes thanks. However, I was hoping it was a penalty
I know - it would have been a better outcome. But, best I'm honest with you.
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what are the odds they cant take it from my last pay. It doesnt state it in my contract
Well, even if they took it and they shouldn't, you have a breach of contract claim against them. But, equally, they would against you. And so, one would offset the other - and regardless of whether they should do it or not, they probably would, you'd both sue each other - and get nowhere further for it.
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