No binding contract, judge finds
A former trainee solicitor has been unsuccessful in her attempt to recover the costs she incurred in preparing for and sitting the Solicitor Qualifying Exam (SQE) from her former firm.
Sophie Ashley began her employment at London firm Grayfords in August 2021 as a paralegal. In October of that year, she was offered a training contract by the firm’s senior partner, Sheata Karim, who also agreed that the firm would cover the SQE examination fees, provided that she continued to work at the firm for a period after qualifying.
The duration of this period was to be decided later, closer to the time when the trainee would become a qualified solicitor. The firm also agreed to pay for the trainee’s textbooks and an SQE2 preparation course.
Some time later, however, Karim “made a decision that I will not pay for your SQE going forward but everything that Grayfords paid so far, you do not need to pay back if you decide to leave”.
This shift, the employment tribunal judgment says, came after the firm made clear that it would only pay for the SQE courses if the trainee signed a contract to stay at the firm for a set period after qualifying. Ashley disagreed, declining to sign unless a post qualification salary increase was confirmed.
Ashley then resigned before becoming qualified, and later brought a claim for the recovery of SQE fees that she had ultimately paid. Meanwhile, the firm sought to recover the cost of an SQE2 preparation course it had funded.
Also in contention was a missing fob for the firm’s office, which was repurchased by the outfit for £42.
Employment Judge Andrew Jack dismissed both fee related claims, holding that neither created a contract. “An agreement to agree will not be a binding contract if its terms are so uncertain that they cannot be enforced” He said in relation to Ashley’s claim, dismissing the firm’s claim simply by noting that, “There was no contract requiring the repayment of the [prep course] fees”.
There was, however, an order as to the missing fob. Ashley “was contractually required to return the fob”. the judge said, and with the firm paying £42 to replace it, “So [Ashley] should pay the respondent £42.00 as damages for breach of contract in respect of the key fob”.