Does this mean that I can't work here?

[hoobily]

Hi there I was wondering if anyone can help me. I have been in my IVA for 2 years now and I am due to start a new job soon and in my contract it says that my employment may be terminated 'if you have an inetrim recieving order made against you of if you become bankrupt or make any composition or enter into any deed of arrangement with your creditors' Does this mean that I can't work here? It doesn't say that they will b do a credit check or anything and can they found out without my consent?

[james.c]

what is your new job?

[hoobily]

My new job is working as a claims admin clerk for an insurance company
Thanks

[ianmillington]

An IVA is a "composition" with creditors. You say your contract says "may" be terminated. If they were to find out about the IVA and you haven't disclosed it, then it's likely that you will be in some difficulty.

Given the relative ease with which they can find out (if they've any sense they will already have checked) then I can't see any sensible alternative to disclosure now.

If they then decide that they can't employ you on those grounds then ask yourself whether they are worth working for.

Hope this helps

ian

[hoobily]

Thank you that did help but also do they need my consent before they check?

[Jo Rolland]

Were you aware of this clause in the contract of employment prior to accepting the position?

[hoobily]

No I wasn't they offered me the position then I recieved the contract and also does it mean that if I enter into an IVA whilst working for them that my employment will be terminated? Or as I am already in one its ok?

[hoobily]

Also no where in the  contract does it say that they will be doing any kind of credit check so would I have to be informed or asked if they are able to?

[Jo Rolland]

If they did feel the need to check, they would not need to carry out a credit check and as the Insolvency Register is public information, I do not think they would need permission.

I am not certain about it and hopefully someone with some employment law knowledge.

[hoobily]

Thank you. Does it mean if I enter into the IVA whilst working for them of if I am already in one then it can be terminated?
That was the last question promise!

[ray_a]

Personally I think I would disclose it and tell them that it was only when you received the contract that you realised that you had a problem with this clause. Given the nature of your job I don't think being in an IVA would be a problem as you are not handling third party monies and your employer could work round that!

I suspect the contract has been lifted without any thought process going into it!

Good Luck

[hoobily]

Thank you for your help I have decided to tell them and I am going to speak to them now so thank you again

[ianmillington]

That's the right thing to do. They are far more likely to be positive if you openly tell them about it than if they found out via other means.

Good luck!

[Jo Rolland]

Good luck, let us know how you get on.

[hoobily]

Hi I disclosed to my new employer that I have been in my IVA for 2 years and asked the HR dept about the clause in the contract and no one seemed to know anything about it! It had to go to the hr director at the head office but they said it should all be ok, though this makes me think that if I hadn't told them then no one would of been any the wiser as it seemed like they had never had this situation before!!