I think it is atrocious that judgements are made like this. I agree with Foggy - someone doing an IVA is far more in control of their finances than someone who may appear so on the surface. It is unfair that people can lose their job once they have fnally taken control but all the time they are RPTPP things are deemed ok.
I hope your husband manages to get something sorted.
Regards,
Regards, Tina Shortland, Debt Advisory Manager for Melanie Giles at Debt Advice TV.
If you’re looking for effective debt related information, articles and news, then go now to our on-line advice service at www.debtadvicetv.com
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font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by Tina S
I think it is atrocious that judgements are made like this. I agree with Foggy - someone doing an IVA is far more in control of their finances than someone who may appear so on the surface. It is unfair that people can lose their job once they have fnally taken control but all the time they are RPTPP things are deemed ok.
I hope your husband manages to get something sorted.
Innocent until proven guilty I guess and an iva is proof of guilt of financial mismanagement. That's why the rest in debt get away with it. As a former pr girl for a bank, I see very clearly why they have these policies...the Daily Mail and co would have a field day if our bankrupt banks were run by insolvent employees! Like it or not there is a PERCEIVED link between our personal and professional conduct in some spheres and this can have an impact on the employers reputation and bottom line.
What is important is that the policies are implemented on a case by case basis, treated sympathetically and serious consideration is given as to whether the employee's iva will actually have a negative impact on the business.
Keep your fingers crossed...I am. Unless your husband is in a very senior or advisory position, I would question the grounds for gross misconduct as the actions of a "foot soldier" are unlikely to have a serious reputational or financial impact on the bank as no-one will ever dig into his personal finances!
You're right BOL - they have good reasons and we have to be mindful of the commerical aspects. On this forum though we know the other side of debt don't we and how committed everyone is to their plan so it makes for them being a better employee (I know the press wouldn't see it that way). In lots of professions the personal side is oposite to the professional...have you seen some painter and decorator's houses??!!!
We're all rooting for you Jocool and hope they see his case in a positive light.
Regards,
Regards, Tina Shortland, Debt Advisory Manager for Melanie Giles at Debt Advice TV.
If you’re looking for effective debt related information, articles and news, then go now to our on-line advice service at www.debtadvicetv.com
If you’re ready to ask us for specific advice or help, then get in touch at www.call-me.debtadvicetv.com so you can start to free yourself from the stress and anxiety of overwhelming debt.
I understand where you're coming from Tina and I am supportive of people who are in this position (but for the grace of God I could have been one of them) but posters getting indignant doesn't help. You need to know what you're up against to fight it.
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by Broke of London
I understand where you're coming from Tina and I am supportive of people who are in this position (but for the grace of God I could have been one of them) but posters getting indignant doesn't help. You need to know what you're up against to fight it.
Maybe not BoL .... but it shows support and solidarity.
It is a ridiculous stance on behalf of the bank, regardless of their outdated policies, and I shall remain indignant.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
I'm really sorry to hear this. I would suggest that you need to take proper legal advice on this, you may be eligible for legal aid so you should explore this avenue. I guess this all hinges on two things;
1. is it explicit in his contract that if he enters into an arrangement then his employment can be terminated
2. Could it be established in court that by him being in a voluntary arrangement that he would damage the reputation of the employers organisation or that he is impaired in carrying out his duties under the contract.
If you can prove that the company is seeking to shed staff then you may have a case for constructive dismissal. It might be worth downloading a copy of their latest accounts if they are a limited company and you can then establish if they are themselves in financial difficulty, this would certainly help your case. You can download the accounts for £1 from the companies house website.
I think that a court would take a very dim view of the employers actions in this case, but as I say I am not a lawyer so you need to get proper advice. Most solicitors will give you a free initial consultation.
Best of luck.
IVA finished June 2011
"If you listen to people who tell you what's impossible, they're usually the ones who failed" Paul Stanley
I agree Firefox - I think they would struggle to prove point two. They may also be on a sticky wicket with regards to how they obtained information about the iva.
I didnt see there were three pages.... well if its RBS I think their currency with the courts is pretty low at the moment. This is nit a forum for bashing creditors so i will limit myself to saying that you should pursue this. Personally I would be trying to get the chief exec on the phone to explain to him that the adverse publicity that this create for the bank could be enormous. It can be done.
Best of luck
IVA finished June 2011
"If you listen to people who tell you what's impossible, they're usually the ones who failed" Paul Stanley
Hi all my husband and I had checked his contract and there is no mention of termination of employment if he were to enter into an IVA. He pointed this out to them whereby they said in the meeting it states this in the group policy available on the website which forms part of his contract and that he should be familiarising himself with this on a regular basis. But the thing is he wasn't aware of hhis up until now.
Did I read correctly that your husband has only a £7k debt within the IVA ? Not sure if it would gel, but could he possibly state that maybe it was yourself who started the IVA and he did it as support for you ?
They dont need to know the truth, but maybe that would lessen it a bit ?
Started IVA 27th Feb 2012 - Due to complete 27th Jan 2018 !!
Full & Final submitted and accepted 30th March 2015, paid 10th April 2015 - 3 yrs 1 month into IVA
Completion Certificate received- 30th April 2015!!
