Ask a Law Question, Get an Answer ASAP!
Hello my name is ***** ***** I will help you with this.
Does the agreement have a termination clause or anything?
Does it provide for minimum earnings please?
In answer to your questions. The clause is 6 months notice if accepted by the company
Ok. In that case does it say on what basis it would be refused?
There is no minimum agreement until reaching ADi qualification then there is a ball park figure according to hours available
No it does not say on what basis it can be refused
How much is owing?
Trainee fees are currently in the region of £1500 circa
plus a franchise fee of £120 per week
my pupil diary does not cover this and supply an income for the family budget #
Ok, what is it you want to achieve?
To quit the agreement as I have not reached an ADI qualification yet.. therefore I believe I can not be held to a 5 year contract
What is the wording on the 5 year contract?
Does it say WHEN it becomes effective?
it became effective on the start of the training programme they have altered the goal post twice so far which was an initial 2 year agreement with the provision of a new car then moved the goal post to 5 year they have not provided me with a new car.
Sure. What does it say when the 5 year becomes effective?
the trainee licence is only guaranteed employment for 6 month upto qualification on becomeing a fully qualified ADI should I pass the exams
But what does it say about when the 5 year contract becomes effective?
When does that apply from ?
they say it became effective on receipt of the supplied vehicle 17 the february
which in fact nulls the agreement if I fail the test as I can only take it one time #
Is that what the contract says?
Ok. What does the contract say about when the 5 years start?
it states that he can give 6 months notice if I fail to pass the test
Have you failed to pass the test?
they will only guarantee one attempt at the test
Or you have not completed it yet?
not taken the test until 14th August at the latest date which then nulls the PDI
And thats the ONLY time the 5 years comes into force, once you pass the test?
yes but he has refused my 6 month notice as of today
Well the contract does not say on what basis the notice can be refused, so I don't think he can.
Also they can NOT tie you to 5 years unless you pass the test.
If you do not take the test then you can not pass it
On that basis I think you can get out of it
That was my thoughts exactly so thank you..
You are only tied once you pass the test. So clearly if you don;'t pass you are not liable. If you don't take the test you can't pass it
The contract sounds like it is not worded very well.
I know what they meant to say, but it is not what they actually say
Can I clarify anything for you about this today please?
I think this has been amazing thank you .. I feel we may need to now present the contract on a face to face meeting with a local solicitor to bring it to a final end
you have helped me feel confident that the law is on my side
Great. Is there anything else I can help with?
Thank you so much I will now seek a face to face meeting with a local solicitor to take this forward