www.iva.co.uk

My partner and I are 18 months into IVA. I am facing disciplinary hearing for gross misconduct possibly being dismissed. How does this affect IVA and what can be done

Hi and welcome to the forum.

If you're dismissed and lose your income your IP may be able to put your IVA on hold for a specified amount of time in order for you to find a new position. I would definitely talk with your IP and put them in the picture and work a way forward together.

You may find that your iva firm allow a payment break if the worst happens and you do get sacked. I would keep them informed at all times.

Paul

try not to worry, i know that sounds easier said than done, face the disciplinary head on and dont let the worries of the iva overcome you and make you make hasty decisions, try to discuss in your disciplinary your reasons for what you did, the remorse you feel and ask if relocation and/or demotion is a possibility although it means less pay its still an income and some employers forget to look at demotion as a disciplinary action..

Best of luck

Sorry to hear of your problems - are you in the union at all? If so I hope they can help you out.

Do let your IP know if the worst comes to the worst. Fingers crossed that it won't.

Thanks for all your replys I'm a little more reassurred since reading your answers. Can I please have advice on the following;-

someone adviced me to resign from my job before they sack me or I will find it very difficult obtaining a new job after being sacked for gross misconduct. On the other hand how would this affect my IVA ? I just want to do the right thing

Are you guilty of the things they are accusing you of? If not then fight it all the way.

If you resign, will you get a reference at all?

For another job you will need a reference so do fight it all the way I agree if you can. Union representation if available may help. You are entitled I believe to have someone with you too. Look into all of this. x

I am unknowingly guilty of what they've accused me of and my repesentative stated he did not know that what I done was not allowed or gross misconduct and he has worked there for years. I have looked through all the paperwork and colleague handbooks that you get on joining and nothing in it about what I'm accused of but it is in the disciplinary handbook they gave me last week. I'm still waiting to hear results but I want to know if I give my notice in (instead of being sacked) how would this affect my IVA.
Thanks everyone for replying and for your advice greatly appreciated.

Hi Tony. The cause of the loss of job won't be of much concern with to your IP. The matter at hand will still be; is the IVA able to continue, and what can be done to assist that end, withing the agreed terms?

It's a gamble --- if you resign, you might lose a job which they were going to let you keep! They might find you guilty of mis-conduct and, in the circumstances, allow you to resign as an alternative to dismissal. They might find you guilty and just give you a verbal roasting.

In either case, new employment will be dependant upon any reference your current employer is willing to give you -- which will be the same in any case.

Hi Tony

Do you have legal expenses cover on any of your insurances or your mortgage? If so, you could consult a solicitor to see if they would be prepared to take you case on. I definately would not resign before you are pushed - and if the worst does come to the worst make sure you end up with a compromise agreement rather than a sacking. Most employers would prefer to avoid the employment tribunal if they can - as they tend to err on the side of the employee rather than the employer. Also insist that you are given a reference.

In my experience the more aggressive and robust the employee is about making their point, the more likely an employer is going to agree on a compromise simply to avoid spending time and cost on fighting you.

The only time i would resign is if i had another job lined up and if all parties, i.e you, your representative, your current employer and your new employer agreed that this is the best course of action. Remember that resigning is an admission of guilt and also even if you do resign the hearing will continue in your abscence, finally if you have a professional registrar to answer to then this will be another admission of guilt to them too.

If you resign you will not get job seekers allowance as you chose to leave your job but if your are dismissed then you should.

Best of luck

Of you need a Solicitor you could try a no win no fee firm, they at least will give you the first meeting and advice free of charge, or contact CAB

Hi Tony.mac. Welcome to the forum. I would encourage you not to resign. From what you state here, you would have a good case if they dismissed you. I was a forum rep for several years and cases of staff acting in ignorance were never grounds for dismissal, more like re-training; final warning; wrap on knuckles for their Manager etc. I,ve used a pro-bono barrister for free legal advise and then used no-win no fee Solicitor on her approved list. I hope you won't need either. Good luck. x

Hi everyone thanks for your replys, what a good site to know your not by yourself dealing with this.
If I resigned rather than be sacked would my IVA company not help me and fail the IVA cause either way I'll lose my job