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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I am a retired gp since 2012 aug. While a gp we hired a salaried

Customer Question

I am a retired gp since 2012 aug. While a gp we hired a salaried gp at £15000 per annum all in nothing more to be paid. The tax and employers ni will be deducted off that. she does not have to pay employees ni due to her age. At present she is still working in the same practice run by the partner that we took on in 2011. She has suddenly demanded £6900 as underpayment since 2006 until now. Do we have a legal liability to share the payment from 2006 till 2012 when we retired or the present gp should be paying the whole amount. He is asking to share the payment. The underpayment was not asked for until 2013 September long after we had retired.
Submitted: 3 years ago.
Category: Law
Expert:  Nicola-mod replied 3 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.

 


the main concern I have ---am I legally obliged to share the cost of repayment as I have retired in 2012. The present gp against whom the complain is has decided to settle the payment out of court and wants us to share the payment from 2006 --2012.


 


Can you plese reply as soon as possible . I am waiting for an answer


 


mira

Expert:  Nicola-mod replied 3 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Customer: replied 3 years ago.

Not sure what information you need . Can you please give me the details


 


THANKS


 


MIRA

Expert:  UKSolicitorJA replied 3 years ago.
Hello Mira,

Yes, you are liable for the debts of the partnership for the period in which you were a partner and therefore would be liable to pay your share of whatever amount is paid to the salaried partner.

Your liability is under S. 17 of the Partnership Act 1890, which you can read about here:

http://www.legislation.gov.uk/ukpga/Vict/53-54/39

May I help further?
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
UKSolicitorJA and 3 other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you. it was a useful reply.


I now understand that we are liable, but if we refuse to pay on the ground that he created the problem himself and never involved us in any previous correspondence until now, what are his options? can we defend on any grounds?


Also the doctor suing never asked us about this issue while we were the working partners and suddenly brought it up as she felt that she was bullied by the present partner.

Expert:  UKSolicitorJA replied 3 years ago.
Hello,

You could defend part of the claim on the basis that the claim can only go back 6 years ago I.e. 2008 and not 2006 under the Limitation Act 1980.

I do not know what the basis of the underpayment claim is so cannot advise further on that. You may need to consult a face to face solicitor for further assistance.

All the best