My IVA is now finished!!

[Jocool]

Hi there,

I am a new member on this forum and have registered because I need to talk to someone with regard to the situation me and my partner are currently in. We have not so long entered into an IVA (3 months). We thought this was the way forward to tackle our debts. However last week my partner was called in to see his manager who asked whether he had an IVA. My partner obviously thinking there was no shame in this admitted to it. He was later suspended on that day with the potential to being dismissed on the grounds of gross misconduct asked to attend a meeting on Wednesday with HR. Note he is not in a union. He has been asked to produce the IVA documentation. He has been working for his employer for 13 years and is a well respected member of the team. Our IP practioners have been notified and have said because all the debts are in my name and only one in his they are prepared to take his name off if this would help but he will need to come to an agreement of payment with the creditor. What I need to know is can they sack him for it if we genuinelyndidi not know and if they did can we take to an ET on the grounds of unfair dismissal. They have said to him that it was stated in the policy which he did not read up until now. Any advice given will help as we are so worried....we have 2 children, house and are worried we could lose everything. Please help.

[ginger3232]

He needs to check his own employment contract - to see if IVA/Bankruptcy are acceptable - as some jobs (wrongly) see this as a bar to employment - if it is in the rule book its unlikely that he could claim unfair dismissal - even if he did not know about it -

Perhaps an appointment with a employment Law expert may help him to understand his rights

[Jocool]

He had an appointment with CAB which unfortunately is after his meeting. I have told him to rearrange the meeting until after his meeting with CAB but his employers aren't having it. He is also of the opinion that everything is going to be okay after speaking with his manager but I am not so sure. Personally I think they are going to sack him anyway but he doesn't listen.

[Jocool]

Is it possible that they would take into account his number of years service and work history and waiver it?

[kev59]

what work dose he do.
If it comes under the RMT union, give them a call,
just say you are thinking of joning and would need help with this.

[Foggy]

If he points out that the only reason he is in the IVA is to protect his position regarding the joint debt, as, otherwise, he would become soley responsible for it, they might be swayed.

What line of work is he in? It might be possible to argue to an ET that the condition is unfair. However, I wouldn't put money on it.

[dizzy.r]

font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by Jocool

He had an appointment with CAB which unfortunately is after his meeting. I have told him to rearrange the meeting until after his meeting with CAB but his employers aren't having it. He is also of the opinion that everything is going to be okay after speaking with his manager but I am not so sure. Personally I think they are going to sack him anyway but he doesn't listen.

Hi jocool - If his employers won't agree to rearrange the meeting would he still have the time to contact the cab to bring his appointment with them forward to take place before Wednesday? They may be able to reschedule an appointment if there is a need for a client to be seen urgently.

[Jocool]

He works as a customer service advisor for an insurance co RBS

[Jocool]

I'll speak to him. The thing is I have a vague idea of how the whole disciplinary procedure works as I work for a trade union but not as a rep. I am trying to help him but he is so naive.

[Jocool]

Would it be classed as unfair dismissal if the IVA was removed from my husband's name and they dismissed him anyway?

[dizzy.r]

If RBS employment terms and conditions state that insolvency is not acceptable for employees I don't know if there could be a case for unfair dismissal and again whether your partner's retracting from the arrangement would make a difference. As already suggested, this is an area where independent advice and support from someone who is expert in employment law would be desirable.

Another thought, if there are any other forum members on here who can add some further helpful responses to your question there is a possibility that it may be lost under the current thread as the heading is relating to another subject. I am not sure what the process is but perhaps you could request Admin to set this up as a separate thread for you?

[kallis3]

Julie is usually pretty good with this sort of thing. Hopefully she will pick up on this.

[Broke of London]

Good luck to your husband for tomorrow. Hopefully his manager will exercise some common sense...it is positive that he is getting a good feeling. x

[kallis3]

Good luck from me as well.