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Posted: Tue Nov 22, 2011 8:14 am
by Jocool
My husband was suspended from work because he has entered into an IVA with the potential to be dismissed. He has been invited for disciplinary in Wednesday following completion of an investigatory meeting. My question is can they do that and has anyone been in the same position. So worried...

Posted: Tue Nov 22, 2011 8:30 am
by plasticdaft
What does he work as and is he in a union?

Paul

Posted: Tue Nov 22, 2011 8:34 am
by footiemad
How on earth did they find out about his IVA? I thought your employers were never contacted!!!!!!!!!

Posted: Tue Nov 22, 2011 9:20 am
by Broke of London
If entering an iva is prohibited in his contract, they can do this. He needs to ask HR to tell him exactly which clause in his contract the disciplinary action relates to. Or even better, dig his contract of employment out and have a read.

Posted: Tue Nov 22, 2011 9:26 am
by dizzy.r
Hi Jocool, all - Question originally posted under another post headed 'Our IVA is now finished' (now about 38 questions down the list) The original post explains more fully the circumstances leading up to the current position. My last response and also from others suggested that advice and support from someone who is expert in employment law would be desirable. Jan was hoping Julie might pick up on this one, so hopefully she will see it.

Posted: Tue Nov 22, 2011 9:59 am
by plasticdaft
Ok I have re-read the original thread and whilst your hubby may have gone against his employment terms and conditions by entering into a formal insolvency,it would be worth asking them to not terminate his employment if he is taken off the iva.

As for unfair dismissal I dont think he would have a leg to stand on if its in black and white that he cannot be declared insolvent.

Is the company looking at making staff redundant? I only ask because they may try and use this as an excuse to get rid of him.

Paul

Posted: Tue Nov 22, 2011 6:48 pm
by Jocool
I think you may be right in saying they are looking for an excuse ad this is the cheapest option. Btw they found out as they carry out a check every year. I have contacted some agencies about whether he is employable following dismissal and they have said no. Outrageous!!! My hubby has been working for almost 20 years!!!

Posted: Tue Nov 22, 2011 6:52 pm
by Jocool
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by plasticdaft

What does he work as and is he in a union?

Paul

Posted: Tue Nov 22, 2011 6:58 pm
by MrsR
That's disgusting. What is his Job role ?

Posted: Tue Nov 22, 2011 7:00 pm
by Jocool
Sadly he is not in a union. I work for a union but not as a rep so I know how it all works. Personally I think you are right in saying they are looking for an excuse to sack him as he has said there is talk of it but we'll never know. I'm more concerned that after all this is over they won't slander his name making him unemployable. Both he and I are so worried.... Not eating properly or sleeping with fear......at least 2morrow we will know the outcome..whether good or bad..

Posted: Tue Nov 22, 2011 7:05 pm
by Jocool
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by MrsR

That's disgusting. What is his Job role ?
He's a customer services advisor. Has been for 13 years...

Posted: Tue Nov 22, 2011 7:06 pm
by kallis3
Fingers crossed for you Jocool - hope he keeps his job.

Posted: Tue Nov 22, 2011 7:06 pm
by Jocool
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by plasticdaft

What does he work as and is he in a union?

Paul
No

Posted: Tue Nov 22, 2011 7:07 pm
by Gareth.hs
Hope it works out for you guys, good luck.

Posted: Tue Nov 22, 2011 7:09 pm
by Jocool
I am praying that they take into account his years of service and his work record.