Breach of contract

Re: Breach of contract

james hunt — Tue, 14 Sep 2010 14:32:33 GMT

[quote user="Derek Copeland"]

they did pay for it after all .

[/quote]

Actually, no they didn't - that's rather the point

Re: Breach of contract

Derek Copeland — Tue, 14 Sep 2010 11:05:18 GMT

Sorry to sound uncaring but you need to move on James.

If you handed your notice in I am not sure what else you are looking for ? The CPD allowance claw back seems a bit mean but if its in your contract then so be it they did pay for it after all .

Re: Breach of contract

james hunt — Tue, 14 Sep 2010 08:50:56 GMT

[quote user="robloxley"]

Is this pro-rata for % of the year employed? If not seems potentially Unfair, would be worth running by an employment solicitor. Makes one yearn to work for a corporate...

[/quote]

No, it's pro-rata for number of months since completing the CPD. I worked the full 12 months (in fact over the 12 months) of the financial year for which CPD budget was set.

The company expect you to stay in employment for 12 months after completing CPD, essentially meaning one shouldn't expect any company help with CPD expenses in the last 12 months. But they also expect you to complete your 35 hours minimum CPD per year in order for the practice to remain on the RCVS accreditation marketing scheme...

Re: Breach of contract

Rob Loxley — Mon, 13 Sep 2010 19:37:47 GMT

[quote user="james hunt"]My contract does make mention that they will make deductions for CPD costs incurred within the 12 months prior to leaving[/quote]

Is this pro-rata for % of the year employed? If not seems potentially Unfair, would be worth running by an employment solicitor. Makes one yearn to work for a corporate...

Re: Breach of contract

Michael Woodhouse — Sat, 11 Sep 2010 22:12:47 GMT

Are you a BVA member? Ring their legal helpline. They now have a mediation service that is free to members.

If it's in your contract you'll have a job getting anything back.

If it's not a lot of money I'd forget and move on, not worth the stress, hassle and expense.

Re: Breach of contract

Martin Jones — Sat, 11 Sep 2010 20:53:56 GMT

[quote user="Evelyn Barbour-Hill"]

Consult BVA legal helpline: you get a professional solicitor whereas we are a bunch of amateurs.

[/quote]

Yes, but enthusiastic amateurs.

I've had a few tribulations with my own employment, and would say that there's a small chance of success with the argument that even if something is a standard contract item, but you have been singled out in its application, then you have been caused a detriment. It's a small one, though, and you'd have to prove that you're the only person to have been affected in such a way and that it was a deliberate and malicious act against you. First port of call might be a solicitor, and you would get better advice than on here, but it would probably wipe out any award as you probably wouldn't get costs back. You could try your hand at tribunal, particularly by taking the option of having acas intercede with pre-tribunal conciliation. This is a free service, provided both sides agree. and any agreement is legally binding. Look up acas, they can be useful.

With respect to the VDS cover, you could have nailed them to the wall had they actually left you exposed in the event of a complaint; however, as there was only potential for such, you can't actually claim for financial compensation. Probably worth reporting to both VDS and the RCVS, though - if you really, really feel up for a fight - as working without VDS cover is a hanging offence.

Corporates have legal departments too, which are pretty hot on employment law: it's unlikely that they endorsed such action. They won't fight for you if you complain to them direct, but it might alter the way that your successors are dealt with.

What a pity there isn't a veterinary union........

Re: Breach of contract

Andrew Kent — Sat, 11 Sep 2010 17:31:37 GMT

With regards to the CPD deductions if this is a point of contract then the fact they have chosen to not enforce this previously wouldn't give you much of an avenue to complain. That would be my take on it.

On the VDS point it may be a breach by terminating it that early you would need to speak to a specialist about this (or call the BVA legal advice line who are usually very good.) However I'm not sure what you would expect to gain from this even though it is slightly annoying.

Andy

Re: Breach of contract

Evelyn Barbour-Hill — Sat, 11 Sep 2010 17:24:39 GMT

Consult BVA legal helpline: you get a professional solicitor whereas we are a bunch of amateurs.