How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jenny Your Own Question

Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
32019188
Type Your Law Question Here...
Jenny is online now

I have recently qualified as a hearing aid audiologist. My

Resolved Question:

I have recently qualified as a hearing aid audiologist. My contract has a two year tie in with a reducing sliding scale of training pay back costs. However during the training period I generated a large amount of sales and profit for the organisation so much so that I was in the top ten for sales in the company. Can the company still recover it's training costs from me should I leave before the end of the tie in period?
Many thanks,
Alan
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
taratill :

Hello Alan,

taratill :

my name is ***** ***** I am happy to help you today.

taratill :

Unfortuantely if your contract says that the fee is repayable, so long as the fee matches the actual training costs to the employer then they can recover it.

taratill :

They can only deduct from your final salary if your contract specifically allows them to do so.

taratill :

If you have any further questions about this please do let me know. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

Customer:

Does the fact that I have more than covered any costs through profit generated mitigate those costs

taratill :

No unfortunately not, although I can see why logic would make you assume it would. If you have signed an agreement there is no way round it I'm afraid.

Customer:

I had been told this premise has been challenged in law and that the ruling found the company could recover some but not all it's costs due to the dispenser generating a return for the company??

taratill :

I am not aware of any such ruling. The position is that the company can only recover the real costs of the training, not inflated costs. Profits generated are not relevant to the question of whether they are contractually recoverable.

taratill :

If you want to tell me a case name I will happily look at it for you but I am afraid that I do not think that this is correct at all.

Customer:

ok can I get back to you when I have better information?

taratill :

Yes sure. I am certain though that you have been given incorrect information though. Please let me know if you get hold of a specific case name and I will look at it.

Customer:

Hi,

Customer:

Hi, sorry about the delay the cases were brought by Amplifon and scrivens hearing companies in the early 90's

taratill :

are they employment law cases?

Customer:

they were cases of dispensers challenging the tie in clause in their contracts

taratill :

I'm going to opt out as I'm not sure I am able to answer your question. What I would say though is that general contract law does not allow for this but you may be able to show that through custom and practice in your industry, people have not been held in the past so you should not be.

Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
Jenny and 2 other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice